This was a medical negligence claim. The Plaintiff claimed that the Defendant’s medical staff at the hospital were negligent in not performing a colonoscopy earlier, which would have led to the discovery of a malignant tumor in his sigmoid colon.
The Defendant was before the Court for sentencing following his guilty pleas to two counts of attempted rape and one count of rape with respect to D.R, a child under the age of sixteen (16) years; and five counts of rape with respect to S.P, a child under the age of thirteen (13) years old, contrary to sections 3 and 7 respectively, of the Sexual Offences Ordinance 2020 (the Ordinance).
These consolidated proceedings concern the assessment of damages for false imprisonment. The Plaintiffs entered the Turks and Caicos Islands (TCI) illegally and were apprehended and detained at the Immigration Detention Centre (IDC) for different periods of about 316 or 320 days. The Defendants admitted liability for false imprisonment.
The Applicants applied for Judicial Review seeking certiorari, mandamus and declaratory relief, pertaining to the refusal by the Director of Immigration of the Applicants request to work pending the determination of their Asylum Applications.
The Appellant appealed against his conviction of theft, on the grounds that the conviction could not be supported having regard to the totality of the evidence and as the Chief Magistrate failed to have any or any sufficient regard to the inconsistencies in the Crown's case.
The Plaintiff pleaded that whilst cycling in Blue Hills, Providenciales, he was struck by a white Ford F150 truck, that was being driven by the Defendant. The Plaintiff said that he was thrown from his bicycle and suffered injury, loss, and damage. The Defendant denied that he caused the accident and asserted that he was “elsewhere on the island of Providenciales when the alleged accident happened if it happened at all.”
The Plaintiffs were unlawfully detained by Police and Immigration Officers and asked to produce their proof of status. They were unable to show proof of status and were taken to the Detention Center for processing and to ascertain their legal status. It was subsequently discovered that the Plaintiffs were well documented, long-term residents of the Islands holding status (PRCs). The Defendants admitted liability and the Court was left to determine the quantum of damages for their false imprisonment, unlawful detention and for assault and battery.
Two competing interlocutory Applications were before the Court. One by the Plaintiffs for Summary Judgment under Order 14, and another by the Defendant for Security for Costs under Order 23.
The Plaintiff sought payment of arrears and interest, and a declaration that a property was beneficially owned by the Bank under a resulting trust, an order for possession, and costs.
The Plaintiff claimed that pursuant to the then current crown land policy, he made applications for two parcels of crown land in 1999 and in both cases the Defendant unilaterally, and in breach of contract, changed the terms upon which the lands were first offered and accepted. The Defendant defended, contending that the Plaintiff was a trespasser. They counterclaimed for possession and damages, and an order for pulling down and removal, interest, and costs.
This was a simple road traffic running down accident case. The Plaintiff was struck by the Defendant on the Leeward Highway and suffered injuries and claimed for damages. The defendant claimed it was the Plaintiff’s own negligence that caused or contributed to the accident.
HMC pleaded two causes of action against the Corporation, namely (a) breach of statutory and contractual duty; and (b) restitution for the replacement costs of certain windows at a property at the Regent Grand Resort. The Corporation admitted liability for breach of duty, but on various grounds it disputed the remedies the HMC was entitled to.
