What remedy is she seeking?
Are we the lenders included in her case as before?
Don't think the borrower has a case, although there has been a bit of activity recently on the court file.
From the amended Particulars of claim:
Declaratory relief sought
120. In the premises, the Claimants seek declarations that:
(i) the purported [Essex Loan] Development Loan Agreement is a nullity;
(ii) the purported [London Loan] Purchase Loan Agreement is a nullity;
(iii) the purported [London Loan] Development Loan Agreement is a nullity;
(iv) the purported personal guarantee referred to at paragraph 77 above is a nullity;
(v) there have been no ‘Events of Default’ under the [Essex Loan] Purchase Loan Agreement or (if it exists) under the [London Loan] Purchase Loan Agreement;
(vi) the [Essex Loan] Purchase Loan Agreement, and the [London Loan] Purchase Loan Agreement (if, contrary to [Borrowers] case, it exists) have been terminated for breach;
(vii) Lendy is not entitled to any interest under the [Essex Loan] Purchase Loan Agreement or (if it exists) [London Loan] Purchase Loan Agreement;
(viii) the Fifth and Sixth Defendants are not the receivers of [Essex Loan] and their possession of [Essex Loan] is and has at all times been unlawful;
(ix) the Sixth and Seventh Defendants are not the receivers of [London Loan];
(x) [Borrower] is not in any event indebted to anyone in the sums referred to above at paragraphs 68 and 69.
121. Further [Borrower] and [Borrower] respectively claim:
(i) an injunction restraining the Fifth and Sixth Defendants from purporting to sell [Essex Loan]; or alternatively (in the event that such purported sale shall have occurred before trial) a declaration that any such purported sale was null and void.
(ii) an injunction restraining the Sixth and Seventh Defendants from purporting to sell [London Loan]; or alternatively (in the event that such purported sale shall have occurred before trial) a declaration that any such purported sale was null and void.
The Claimants’ monetary claims - Essex
124.This breach of warranty has caused [Borrower] the following losses, for which [Borrower] claims damages from Lendy and the [Essex Loan] Purchase Loan Lenders:
(1) Loss of profit on the sale of [Essex Loan] with the [Essex Loan] Development completed, being £2.8m less (1) £734,709 in principal and interest under the [Essex Loan] Purchase Loan and (2) £816,001 in principal and c. £25,000 by way interest that would have been owing at the time of sale of [Essex Loan] under the [Essex Loan] Development Loan Agreement: approximately £1.2m.
(2) Liability to the [Essex Loan] Purchase Loan Lenders (and to Lendy if, contrary to [Borrower]’s case, its claim to interest is enforceable) for interest under the [Essex Loan] Purchase Loan to the extent that this would not have been incurred had the [Essex Loan] Development been successfully completed.
(3) Damage caused to [Essex Loan] by fly-tipping, during the period when the Seventh Fifth and Eighth Sixth Defendants have been in possession of [Essex Loan] as trespassers, in the sum of approximately £220,000.
(4) Outstanding construction and professional fees since June 2017, of £174,600.
(5) £80,000 cost of repairing damage to the basement of the property, and for works requiring to be redone.
The Claimants’ monetary claims - London
Loss of profit on the sale of [London Loan] with the [London Loan] Development completed, being
(1) £20.43m less £7,452,896 in principal and interest that would in practice have been paid to Lendy, purportedly under the [London Loan] Purchase Loan Agreement, had such a sale taken place, and
(2) £3,651,889 in principal and c. £120,000 by way of interest that would have been owing at the time of sale of [London Loan] under the [London Loan] Development Loan: approximately £9.2m.