The Hon. Mr. Justice Dale Palmer

Succession Law – Adverse possession – Lease Agreement – Property part of estate sold before any representative for the Estate appointed – Doctrine of “Relation Back” – Effect on Conveyance – Whether sale of the property was ratified by the Administratrix – Whether the purported sale benefited the Estate – Agency – Whether tenant who remained on property occupied as agent for the estate or adverse possessor – Damages sought for loss occasioned by alleged intimidatory actions said to cause a party to have lost customers and business

Interpretation of a Contract - Lease between initial tenants later assigned to Claimant – after death of landlord Claimant sought to exercise option to purchase – land occupied by the Claimant is larger than what is described in the lease – Construction of the term of the lease – Error in Contract – Whether business efficacy is a suitable method in interpreting contracts where an existing interpretation leads of an absurdity – Whether the Court should rectify the contract to reflect the true intentions of the parties – Specific performance – Damages

Interim Injunction - Section 22 and 23 of the Data Protection Act - Whether the Data Protection Act is Breached

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.

Contract – Maintenance of Common Areas to joint property not falling under the Registration (Strata Titles) Act – Reimbursement for sums expended – whether a legal obligation to pay maintenance exists.

Negligence – Motor vehicle collision – Liability of parties – Credibility of Witnesses – Assessment of Damages
Preliminary issue – Application for relief from sanctions refused to allow witness statements to stand – Application at trial for Court to exercise discretion under Rule 29.11 of the Civil Procedure Rules (CPR) to allow witnesses to give evidence – Whether the Court has discretion to allow evidence where application for relief from sanctions is refused under Rule 29.11.

Fraud – Allegation of forged signature on transfer document – Handwriting expert evidence – Registration of Titles Act sections 68, 70, 71 and 161 – Indefeasibility of registered title

Easement of Necessity – Intended Easement – Property sub-divided leaving one of two lots landlocked – Use of a common area.

Settlement Agreement – whether agreement binding – parties agreeing to terms of settlement – Defendant signing Settlement agreement but Claimants not signing due to subsequent conduct of the Defendant – Claimants eventually signing but question arising as to whether the agreement is binding – Neither party indicating that they had withdrawn from the agreement – Both parties seeming to act as if there was no longer an agreement – Cost awarded against successful party to the application due to conduct resulting in waste of Court time and unnecessary cost

Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.