The Hon. Miss Justice Carole Barnaby

Judicial Review - Application to amend ground for judicial review after leave and first hearing stages - Considerations - Application to file additional evidence in support of judicial review application after the filing of fixed date claim form

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 - - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.

Revenue Law - Customs Duties - Paragraphs 8(1)(c) and 8(1)(d) of the Schedule to section 19 of the Customs Act - Whether there was a sale for export to engage the transaction value method - Whether the fallback method was the appropriate method of valuation - Whether fees paid post-importation were properly added to customs value of imported goods - Whether procedural errors by appellate tribunal determines appeal which is by way of rehearing

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.

Joint Bank account - Parent child relationship - Whether there is evidence of
intention of the parent to be entitled to the beneficial interest in assets in joint
account.
Equity - Whether the presumption of advancement applies to adult child on a parent
to child transfer to displace presumption of resulting trust - Standard of proof to
rebut presumption of advancement - Whether presumption of advancement
rebutted by evidence of contrary intention.

Civil Procedure - Whether debt claim can be dealt with summarily at first hearing of fixed date claim form pursuant to rule 27.2(8) of the CPR ˗ Whether land valuation required in accordance with CPR rule 55.2(2)(c) where contract provides for the sale of land to discharge contractual debt.

Easement - Right of Way - Methods for acquiring - Easement by express grant – Easement by implication - Easement by prescription - Whether claimant has an interest in land to enable acquisition of easement over lands adjoining registered strata.

Civil Procedure - Application for security for costs - Relationship between the discretion given to the court to require a corporate claimant to provide security for costs under Section 388 of the Companies Act and Part 24 of the Civil Procedure Rules - Whether there is a probability of the claim being stifled or it would be otherwise unjust to require the corporate claimant to give sufficient security for costs in exercise of the discretion given to the court at section 388 of the Companies Act.

Rule 53.10 - Whether contempt alleged to be committed after the grant of summary judgment is contempt committed within proceedings in the court and therefore properly commenced by application under Part 11 of the CPR.
Whether persons who are not parties to a claim may be joined as respondents in contempt proceedings commenced by application under Part 11 of the CPR.

Civil Procedure - CPR 64.6 - Renewed application for leave to apply for order of certiorari to quash criminal proceedings refused - Previous decisions of the court indicating similar applications inappropriate - Whether renewed application an abuse of process - Whether wasted costs order to be made against counsel.