Source: All England Reporter
Publisher Citation: [2001] All ER (D) 62 (Nov)
Court: Queen's Bench Division
Judge:

Rubery J

Representation Clive Blackwood (instructed by Kanter Jules) for the claimant.
  The second to fourth defendants appeared in person.
  The first defendant did not appear and was not represented.
Judgment Dates: 6 November 2001

Catchwords

Misrepresentation - Innocent misrepresentation - Pre-contractual negotiations - Claimant agreeing to advance money to company on condition directors giving personal guarantees - Claimant seeking to enforce guarantees - Whether claimant obtaining guarantees by misrepresenting nature of advance.

The Case

The defendant directors were bound by the guarantees that they had given to the claimant in respect of their company's liability under a loan agreement in the absence of any proof that those guarantees had been obtained by misrepresentation.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.