The Hon. Mr. Justice David Batts

Constitutional Law – Charter of Rights - Savings Law Clause - Offences Against the Person Act - Whether the savings law clause precludes enquiry by court - Meaning of “sexual offence” - Whether court bound by the parties’ statement of meaning - Whether buggery is a sexual offence.

Civil Procedure - Application for security for costs – Whether dual residence- Whether Claimant ordinarily resident outside the jurisdiction - Whether there is a probability of the claim being stifled - Specific disclosure and request for information – Whether employee’s address confidential and not to be disclosed -Whether information requested is “directly relevant”.

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Insolvency Act- Sections 185, 192, 193, 194 and, 201 – Secured creditor- Whether Proof of Claim and/or Proof of Security - Whether Trustee had authority to disallow – Whether Trustee had lawful reason to disallow - Appeal pursuant to section 201(5) - Whether a rehearing – Whether Trustee should bear costs.

Admiralty - Negligence – Whether waves generated by moving vessel caused damage - Whether damage reasonably foreseeable - Whether duty of care- Whether operator of moving vessel in breach of duty of care - Whether damaged vessel moored in unreasonably shallow water - Whether contributory negligence - Measure of damages - Whether total loss - Whether cost of maintaining vessel until trial recoverable - Whether loss of use recoverable for pleasure craft.

Interim Injunction – Memorandum of Understanding for sale of majority shareholding – Whether agreement illegal in that it contravenes section 5 of Broadcasting Act- Whether agreement is subject to contract – Whether part-performance – Whether Damages an adequate remedy – Whether undertaking as to damages adequately supported – Whether overall justice of the case supports grant of injunction – Whether status quo to be maintained until trial.

Insolvency Act - Claim by Trustee for fees and related matters - Application by Creditors or Inspectors representing creditors to intervene - Preliminary Application to remove Trustee - Creditors’ claims conditionally admitted - Whether Trustee obliged to follow directions of Committee of Inspectors - Whether Inspectors represent majority of Inspectors - Whether meeting of creditors lawfully constituted - Observations on the duty of the Trustee.

Lease - Proprietary Estoppel -Tennant constructed permanent structures - Whether lessor obligated to compensate tenant upon termination of the lease - Whether lessee has an equitable interest in the land - Meaning and effect of “tenant’s fixtures”- Whether lessor’s conduct and representations created equitable interest.

Settlement Agreement – Consent Order – Agreed expert required to do several valuations - Whether valuations can be set aside - Whether new expert to be appointed - Whether fraud or collusion alleged or proved - Whether failure to follow material instructions alleged or proved - Whether error or negligence a sufficient basis to set aside valuation unilaterally - Admissibility of expert evidence- Rules 32.12 and 32.13 (2) (a) – Whether an expert’s failure to comply with procedural requirements necessarily renders reports inadmissible in evidence.

Admiralty Claims – Arbitration pending – Applications to Stay Proceedings –
Section 11 Arbitration Act – Whether Court has an inherent power to stay – Vessel
arrested – Security provided for release – Whether security is to be released.