Libby v (1) Lennox (2) Lexi Group Limited [2020] DIFC SCT 241 (17 November 2020)

Libby v (1) Lennox (2) Lexi Group Limited [2020] DIFC SCT 241 (17 November 2020)

The Defendants are jointly and severally liable for the sum claimed as the Second Defendant breached the Settlement Agreement and the First Defendant is liable as guarantor; the Claimant is entitled to post-judgment interest and court fees.

Citation
[2020] DIFC SCT 241
Parties
Claimant: Libby; First Defendant: Lennox; Second Defendant: Lexi Group Limited
Jurisdiction
United Arab Emirates
Judgment Date
17 November 2020
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Claim allowed
Legal Topics
Lease Agreement, Settlement Agreement, Guarantee Liability
Commercial Law Contract Law Lease Agreement Settlement Agreement Guarantee Liability

Case Brief

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Parties

Libby

Claimant

Lennox

First Defendant

Lexi Group Limited

Second Defendant

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the Second Defendant breached the Settlement Agreement by failing to pay the agreed sum
  2. 2 Whether the First Defendant is liable as guarantor under the Settlement Agreement

Ratio Decidendi

The Defendants are jointly and severally liable for the sum claimed as the Second Defendant breached the Settlement Agreement and the First Defendant is liable as guarantor; the Claimant is entitled to post-judgment interest and court fees.

Court Disposition

Claim allowed

Orders

  • First and Second Defendants are jointly and severally liable to pay the Claimant AED 927,918.62
  • First and Second Defendants are jointly and severally liable to pay the Claimant court fees of AED 46,395.93