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Victoria Capital Trust v Emmett [2025] EWHC 1972 (Comm) (30 July 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

IntelBrief: Sanctions Intelligence Digest

1) Executive Summary

  • The case concerns a default judgment against Anita Emmett (now Anita Bandak) for a £1,276,033.09 debt guaranteed under a 2021 personal guarantee linked to a £986,250 bridging loan to Corben Mews, part of the Click Group.
  • Mrs Bandak seeks to set aside the judgment, citing late awareness of the claim and a realistic defense prospect.
  • The loan was secured by a legal charge on London properties and personal guarantees from both Mrs Bandak and her ex-husband Aaron Emmett, now bankrupt.
  • Mrs Bandak held significant control and directorship roles in the Click Group companies until mid-2023.
  • The facility agreement and guarantees contain strict enforcement and notification provisions, with solicitor certification confirming Mrs Bandak’s informed consent.

2) Sanctions Highlights

  • The text references "sanction" and "sanctions" in the context of enforcement rights and legal remedies under the finance documents.
  • No direct sanctions regime or external sanctions (e.g., governmental) are imposed, but contractual "sanctions" relate to lender enforcement powers upon default.
  • The personal guarantee includes clauses limiting the lender’s obligation to pursue other remedies before enforcing against the guarantor.
  • No indication of international or financial sanctions impacting the parties or transaction.

3) Emerging Risks

  • Mrs Bandak’s prior control of multiple entities within the Click Group and her personal guarantee expose her to significant financial liability.
  • The default judgment and bankruptcy of co-guarantor Aaron Emmett increase recovery pressure on Mrs Bandak.
  • Potential reputational risk due to her involvement in multiple directorships and control positions amid financial distress.
  • Risk of enforcement actions on the Corben Mews properties and personal assets at 46 St Quintin Avenue.
  • Late notification of the claim to Mrs Bandak could raise procedural challenges or grounds for appeal.

4) Geopolitical Impact

  • The case mentions Belarus only indirectly via the broader geopolitical context of sanctions but no direct involvement of Belarusian entities or sanctions regimes.
  • The transaction and enforcement are UK-centric, involving London properties and English law.
  • No evidence of cross-border sanctions or geopolitical interference affecting the litigation or parties.

5) Economic Intelligence

  • The loan facility was a bridging finance product aimed at refinancing existing borrowings on London leasehold properties.
  • The loan term expired June 2023 with repayment overdue, triggering default and enforcement rights.
  • The personal guarantees and legal charges provide secured creditor protections, enhancing Victoria Capital Trust’s recovery prospects.
  • Mrs Bandak’s financial exposure exceeds £1.27 million, reflecting accrued interest and enforcement costs.
  • The bankruptcy of Aaron Emmett may limit recovery from him, concentrating financial risk on Mrs Bandak.

6) Strategic Recommendations

  • Monitor enforcement proceedings closely, especially any asset disposals by Mrs Bandak contrary to guarantee restrictions.
  • Assess procedural grounds for setting aside the default judgment based on late notification and potential defense merits.
  • Conduct enhanced due diligence on Mrs Bandak’s current financial status and asset holdings, including properties at 46 St Quintin Avenue.
  • Prepare for potential insolvency or restructuring scenarios within the Click Group entities linked to Mrs Bandak.
  • Maintain awareness of any changes in UK sanctions or regulatory frameworks that could indirectly affect enforcement or asset recovery.

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**Source Notes:**

Case Title: *Sanctions Intelligence Digest*

Link: [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1972.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1972.html)

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