Decisive Capital Management SA v Les Geonnais Limited & Ors

Decisive Capital Management SA v Les Geonnais Limited & Ors

The guarantees were not induced by any actionable misrepresentation. Representations made by Decisive's representatives were statements of opinion or intention, not fact, and Dr Alanizi was equally or better placed to assess the risks. No actionable misrepresentation occurred under common law or the Misrepresentation Act 1967. The guarantees are valid and enforceable obligations.

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
11 October 2024
Procedural Posture
Commercial/contractual Claim / Judgment After Trial
Outcome
Claim allowed against Dr Alanizi; guarantees enforceable; judgment for claimant.
Legal Topics
Personal Guarantees, Misrepresentation Act 1967, Enforcement of Loan Guarantees, Reliance and Reasonableness, Statements of Opinion Vs Fact
Contract Law Misrepresentation Banking and Finance Personal Guarantees Misrepresentation Act 1967 Enforcement of Loan Guarantees Reliance and Reasonableness Statements of Opinion Vs Fact

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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/contractual Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Dr Alanizi was induced to enter into personal guarantees by actionable misrepresentation
  2. 2 Whether any representations made by Decisive were statements of fact, opinion, or intention
  3. 3 Whether Dr Alanizi reasonably relied on any representations in executing the guarantees

Ratio Decidendi

The guarantees were not induced by any actionable misrepresentation. Representations made by Decisive's representatives were statements of opinion or intention, not fact, and Dr Alanizi was equally or better placed to assess the risks. No actionable misrepresentation occurred under common law or the Misrepresentation Act 1967. The guarantees are valid and enforceable obligations.

Court Disposition

Claim allowed against Dr Alanizi; guarantees enforceable; judgment for claimant.

Orders

  • Judgment for Decisive Capital Management SA against Dr Abdullah Abduljabbar Abdullah Alanizi under the Amended Guarantee.
  • Guarantees declared valid and enforceable; Dr Alanizi liable for sums due under the Amended Loan.