The Hon. Miss Justice Carole Barnaby

Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Sections 13 (3) (a), (c), (d), (e) and 16 (2).
The Legal Profession Act - Sections 3, 11 and 12 (7) - Legal Profession (Canons of Professional Ethics) Rules - Advertising regulations comprised in canons II (d) (ii), II(e), II (h), II (i), II (j), II(k) and II(l).

Inheritance - Intestates’ Estate and Property Charges Law 1937 - Section 4 (3) Status of Children Act 1976 - Whether child born out of wedlock entitled to benefit from estate of father who died intestate in 1950.
Marriage - Whether “bamboo marriage/wedding” valid under Marriage Law 1897- Whether marriage to be presumed at common law.

Revenue Law - Education Tax - Education Tax Act - Section 5(1)(c)(ix) Income Tax Act - Paths to Employer’s liability for Education Tax - Applicability of common law principles in determining whether a contract of service exists in determining liability for Education Tax.

Real Property - Proprietors registered as tenants in common - Purchase
price resulting trust.

Judicial Review - Application for Leave - Composite decision making process - Whether there are reasonable grounds for judicial review with a realistic prospect of success - Failure to challenge decision making process of appellate tribunal which is capable of curing defects in earlier process - Late stage amendment of application for leave.

Revenue Law - Customs Tariff (Revision) (Amendment) Resolution 2007 - Interpretation - Tariff Heading 04.01 and 04.02 - Meaning of “Cream” - Meaning of “concentrated” and “not concentrated” - Whether Elle & Vire whipping and cooking creams imported by the Appellant are “creams, concentrated” within the meaning of Tariff Heading 04.02.

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.