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Recent Judgments

Leave to appeal granted on whether dishonest-assistance claim is time-barred and arises from substantially same facts as original claim.
Civil procedure – amendment of pleadings – Order 20 r.5(1),(2),(5) – adding new cause of action – requirement that new cause arise out of same or substantially same facts – limitation periods – Trusts Act s69(1),(2) and s70 (constructive trusts) – whether dishonest assister is a 'trustee' for limitation purposes – leave to appeal standard (real prospect of success).
14 January 2026
An uncorroborated nickname-based dying declaration and unchallenged alibi leave the applicant with no case to answer.
Criminal law – murder – no case to answer – Galbraith test – identification by nickname/dying declaration – hearsay weight – requirement for corroboration – unchallenged alibi.
12 January 2026
Plaintiffs failed to prove a 1968 partnership; claim dismissed and costs awarded.
Partnership law – existence of partnership – requirement of business carried on by two or more persons with a view to profit – dormant partners recognised but must be proven – insufficiency of isolated payments and late hearsay evidence to establish partnership – Crown land cannot be acquired by prescription.
8 January 2026
Court imposed compensation, fine and anger‑management program, departing from guidelines instead of full 12‑year custodial term.
Criminal law – Offences against the person – Wounding / grievous bodily harm with intent – Sentencing: harm categorisation, high culpability, starting point and range under guidelines – mitigation (no previous convictions) – refusal of guilty-plea discount – departure from guidelines in interest of justice – compensation and fine as alternatives to custody – rehabilitation order (anger-management).
16 December 2025
Court granted a protective 12‑month extension of a writ where service was disputed, exercising inherent jurisdiction to prevent injustice.
Civil procedure – extension of writ validity – protective extensions where service is disputed – inherent jurisdiction to prevent injustice – Order 6 r.8 principles (Kleinwort Benson) – balance of prejudice – technical irregularity not automatically fatal.
9 December 2025
The applicant’s claim was struck out as an impermissible relitigation barred by res judicata and privity.
Res judicata; abuse of process (Henderson v Henderson); issue estoppel; privity of interest; misfeasance in public office; strike out under Ord. 18 r.19; appropriate remedy (judicial review v damages).
8 December 2025
Whether circumstantial and expert evidence supported conviction and whether judge misdirected on mens rea, late evidence, post‑offence conduct.
Criminal law – Circumstantial evidence – Drawing inferences from primary facts; Mens rea – inference of intention to kill from nature of wound and facts; Expert/scientific evidence – role as part of whole-case assessment; Late disclosure/recall of witness statements – admissibility and prejudice; Post‑offence conduct – admissibility, need to balance probative value against prejudicial effect and to consider innocent explanations; Lies as evidence – application of Lucas direction; Application of the Proviso where inadmissible evidence was admitted but verdict inevitable.
5 December 2025
Non-compliance with statutory jury empanelling requirements warranted discharge of the jury and a trial de novo before a judge alone.
Jury empanelling — statutory compliance with geographic composition of jury list — admission by court administration that jurors were summoned only from Grand Turk — presumption of regularity displaced by correspondence — discharge of empanelled jury — trial de novo — judge-alone trial under Criminal Procedure Ordinance s.58.
20 November 2025
A Minister breached fiduciary duty by relying on an expired land valuation; judgment corrected to reflect that finding.
Administrative/fiduciary duty – Ministerial duty when effecting land transfers – obligation to obtain current valuation where prior valuation has expired or where material change may have occurred. Evidence/interpretation – significance of typographical errors in quoted documents and their potential to alter legal conclusions. Remedies – corrigendum to judgment to correct wording and clarify findings.
14 November 2025
A defendant must prove statutory non‑compliance to invalidate a jury panel; mere assertion is insufficient.
Criminal procedure – Jury empanelling – Presumption of regularity in compilation and drawing of jurors – Burden on challenger to prove non‑compliance – Jury Ordinance ss.8–19, 33 – Informality does not invalidate whole panel; specific objections required – Abuse of process for unsubstantiated dilatory applications.
11 November 2025
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Recent Legislation

Practice Direction 1 of 2025 4 August 2025
Legal Notice 29 of 2022 5 May 2025
Legal Notice 15 of 2025 5 May 2025
Legal Notice 12 of 2023 5 May 2025
Legal Notice 16 of 2025 5 May 2025
Legal Notice 3 of 2025 7 February 2025
Legal Notice 61 of 2024 2 December 2024
Government Notice 51 of 2021 22 November 2024
Legal Notice 58 of 2024 22 November 2024
Practice Direction 1 of 2024 10 June 2024
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