Decisive Capital Management SA v Les Geonnais Ltd & Ors [2023] EWHC 2658 (Ch) (25 October 2023)

Decisive Capital Management SA v Les Geonnais Ltd & Ors [2023] EWHC 2658 (Ch) (25 October 2023)

The court found that Dr Alanizi failed to establish that Decisive made actionable misrepresentations that induced him to enter into the guarantees. The alleged representations were either not made, were not sufficiently clear or precise, or were not relied upon in the manner required by law. The guarantees are valid and enforceable against Dr Alanizi.

Citation
[2023] EWHC 2658 (Ch)
Parties
Claimant: Decisive Capital Management SA; First Defendant: Les Geonnais Limited; Second Defendant: Seventy Eight St James Street London Limited; Third Defendant: Dr Abdullah Abduljabbar Abdullah Alanizi
Jurisdiction
England and Wales
Judgment Date
25 October 2023
Procedural Posture
Commercial Claim (loan Enforcement, Guarantee) / High Court Trial Judgment
Outcome
Claim allowed against Dr Alanizi; guarantees enforced.
Legal Topics
Enforcement of Guarantees, Misrepresentation, Pre Contractual Representations, Loan Agreements, Personal Guarantees
Commercial Law Contract Law Banking and Finance Enforcement of Guarantees Misrepresentation Pre Contractual Representations Loan Agreements Personal Guarantees

Case Brief

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Parties

Decisive Capital Management SA

Claimant

Les Geonnais Limited

First Defendant

Seventy Eight St James Street London Limited

Second Defendant

Dr Abdullah Abduljabbar Abdullah Alanizi

Third Defendant

Procedural Posture

Commercial Claim (loan Enforcement, Guarantee) / High Court Trial Judgment

Legal Issues

  1. 1 Whether Dr Alanizi was induced to enter into personal guarantees by actionable misrepresentations by Decisive
  2. 2 Whether any representations made were false or misleading
  3. 3 Whether the guarantees are enforceable against Dr Alanizi

Ratio Decidendi

The court found that Dr Alanizi failed to establish that Decisive made actionable misrepresentations that induced him to enter into the guarantees. The alleged representations were either not made, were not sufficiently clear or precise, or were not relied upon in the manner required by law. The guarantees are valid and enforceable against Dr Alanizi.

Court Disposition

Claim allowed against Dr Alanizi; guarantees enforced.

Orders

  • Judgment for Decisive Capital Management SA against Dr Alanizi on the guarantees.
  • Dr Alanizi is liable for the sums due under the guarantees.