The Hon. Miss Justice Carole Barnaby

Civil Procedure - CPR 26.3 and 26.9 - Application to strike out statement of case for failure to comply with court order where no consequence for failure to comply was specified - Delayed compliance - Considerations.
Matrimonial Property - PROSA - Section 13 (2) application for extension of time to bring claim for division of property - General considerations - Stage of proceedings at which application made.
Survivorship - Severance of joint tenancies and interests jointly held.

Injunctions - Interlocutory - Restraint on mortgagee’s power of sale - Whether there are serious questions to be tried - mortgagor denies executing restructured debt agreement - dispute as to applicable interest - concluded agreement for sale between mortgagee and third party - whether evidence capable of finding at trial of bad faith on part of mortgagee in entering into agreement - balance of convenience - Marbela principle exceptions.

Civil Procedure - Application to file amended defence and issue counterclaim after Case Management Conference - Facts supporting counterclaim are such that main relief is an administrative order to check the exercise of a statutory public duty - Knowledge of the result of the exercise of public duty for approximately 3 years - Adjourned trial imminent - Considerations.

Family - Children (Guardianship and Custody) Act - Maintenance Act - Jurisdiction to grant interim order for maintenance of children pending determination of substantive claim for their custody and care and control.

Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.

Civil Procedure - CPR Rule 69.4 - Scope of the rule - Whether the words complained of by the Claimant are capable of bearing the meanings attributed to them in the statements of case.

Civil Procedure - Application for relief from sanctions - Unless Order against
litigant in person.

Civil Procedure - Application to discharge or vary final charging order -
whether Intervener is an interested person within the meaning of CPR
48.6(2)(a) - whether charging order properly attaches to property not
specifically identified in the application or order.

Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.

Civil Procedure - CPR 26.8 - Application for relief from sanction - Promptitude - Whether the failure to comply with court order was not intentional - Whether there is a good explanation for the delay.