You are on page 1of 2

LEGAL OPINION ON THE INVESTMENT MEMORANDUM

OF

PRIME LONDON INVESTMENTS (PLI)

Dear Sirs

I write to confirm that I am Mohamed Jalaleldin Elkammah, Solicitor, and Membership no.
612464. I act as an adviser for Mr. Omar Almana. My opinion relates only to the English laws ,
and thus my opinion is limited thereto and interpretations thereof, as such laws are in effect on
the date hereof. I do not represent myself to be familiar with the laws of any other jurisdiction
other than the State of UK, and do not opine upon, nor do I express any opinion in respect of
those matters governed by or construed in accordance with any laws other than the laws and
regulations of UK.

DOCUMENTS:

I have reviewed two files that included the following documents:

(1) First Investment Fund

a) Copy of an Investment Agreement, made on 2013, no initial by either party, only page
(27) signed by Mr. Omar Almana; and
b) Copy of Deed of Adherence, made on 2013, no initial by either party, only page (6)
signed by Mr. Omar Almana

In accordance with the Table given by our accountant, Mr. Omar paid GEP 830,000. He
received amount of GPE 530, 391.97, in which including amount of GPE 395, 347.27 as a part
payment of the capital, and GPE 135, 044.70 as a profit.

(2) Second Investment Fund

a) Copy of an Investment Memorandum, made on 20 February 2015, no initial by either


party, only page (34) signed by Mr. Omar Almana;
b) Copy of a Client Due Diligence Form , dated 09 March 2015, one page only signed by
Mr. Omar Almana;
c) Copy of Application Form, clarifies the maximum amount of the said investment, signed
by Mr. Omar Almana, one page.

In accordance with the Table given by our accountant, Mr. Omar paid GEP 500,000. Until now,
Mr. Omar didn’t receive any amount of the said capital or any profit.
ISSUE:

Mr. Omar desires to get his money back, the current investment didn't achieve the desired
results, as until this moment, Mr. Omar didn’t receive any amount of the said capital or any
profit. PLI still demanding Mr. Omar to flow more cash for another opportunity of investment.

OPINION
I am of the opinion that insofar as the laws of England are concerned:

The said Agreements are considered non-binding for Mr. Omar; as they are not signed or
initialed by the latter. The Agreements had to be initialed by both parties on each page, in order
to assure both parties’ knowledge about the agreed conditions and terms of the Agreements.
Therefore PLI has no right to demand any additional amounts from Mr. Omar for the aforesaid
reason.

On the other hand, Mr. Omar has the right to getting back all amounts have been paid by him to
PLI from 18/04/2013 to 28/04/2015 along with appropriate compensation to cover the
consequential damages incurred to Mr. Omar.

On assumption that PLI has a reasonable argument to activate the said Agreements’’ conditions
and terms against Mr. Omar, the Unfair Contract Terms Act 1977 shall govern the said
Agreements accordingly, by applying the “reasonableness” test, to determining whether it was
fair and reasonable to incorporate a term in a contract, as there are the circumstances known to
or in the contemplation of the parties to the contract at the time the contract was made, as PLI is
a professional company in investment. That said, for example, the mentioned Act, S. 7(1A)
inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 9(2); S.I.
2015/1630, art. 3(g) (with art. 6(1) (3A) states that Liability for breach of the obligations arising
under section 2 of the Supply of Goods and Services Act 1982 cannot be excluded or restricted
by reference to any such term.

In Conclusion, we confirm that Mr. Omar has the fully right to claim for all amounts paid to
PLI, plus a reasonable compensation for any damages and/or losses according to the grounds
stated above.

Mohamed Jalaleldin

You might also like