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ARTICLE · 10 JANUARY 2020

Attempt To Avoid Personal Guarantees For Ship Finance Loans Fails

Earlier this year, the High Court ruled in HSBC Bank Plc v Pearl Corp & Ors. [2019] EWHC 231 (Comm) that HSBC Bank PLC could enforce its claim for USD 9 million

United KingdomTransport

Earlier this year, the High Court ruled in HSBC Bank Plc v Pearl Corp & Ors. [2019] EWHC 231 (Comm) that HSBC Bank PLC could enforce its claim for USD 9 million against the personal guarantor of two ship finance loan agreements despite attempts to resist under Greek law.

Facts

In 2010, HSBC Bank PLC (The Bank) provided two ship-finance loan agreements to finance the acquisition of two bulk carriers. The first loan was made to Pearl Corporation SA (Pearl Corp.) for the financing of m.v. "AURORA PEARL" and the second loan was made to Onyx Corporation SA for the financing of m.v. "AURORA ONYX". Each loan agreement was governed by English law. The security package for each loan included guarantees, two of which were personal guarantees provided by Mr Dimitrios Kritsas and governed by Greek law.

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