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#SerleShare - Judgment in Basin Supply Corporation v (1) Rouge LLC (2) Claude Barret [2018] CFI 057

James Weale (instructed by Dentons) acted for the successful claimant in a claim to enforce the terms of a promissory note and a related guarantee. This followed James’ successful dismissal of a jurisdiction challenge submitted to the JJC. H.E. Justice Ali Al Madhani held that an express choice of law agreement in a negotiable instrument was valid and enforceable (para 37). Moreover, the Court rejected the Second Defendant’s case that the guarantee was unenforceable by reason of a material variation pursuant to the rule in Holme v Brunskill (1871) 3 Q.B.D. 495 (paras 48-59). James also obtained an order for costs to be assessed on the indemnity basis (para 65).

A link to the judgment can be found here.