King v The Supreme Court of the Turks and Caicos Islands and Ors.; Ex parte: Patrick Gedeus & Willegince Noel (CL 205 of 2022; CL 214 of 2022) [2022] TCASC 45 (2 December 2022)

Administrative Review
Case summary
The Court refused leave in both applications. On judicial review the Court is carrying out a review of the decision made by an inferior tribunal or a decision-making body and in that way judicial review can be viewed in terms of a quasi-appeal. Counsel for the applicants could not direct the Court to any authority to support her contention judicial review was available to the Applicants, in particular to a court of equal standing and the Court in preparation for the hearing had been unable to find any such authority [11]. Accepting Counsel for the applicants' submission that there is no appeal to the Court of Appeal on a refusal of bail decision by the Supreme Court then, based on the England and Wales authorities, the Court could see a scope for bringing the applications; however, absent statutory provision being made, the Court took the view that it had no jurisdiction to review a decision of another judge of the same Court and accordingly, dismissed the applications for that reason. In the circumstances it was unnecessary to consider the application for an extension of time for applying for leave [14].

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