Judgments

Sale of goods – transfer of title on agreement and delivery – statutory registration administrative only; caveat emptor in private sale; involuntary bailment and duty to act reasonably; conversion/disposal entitling buyer to damages.

Criminal and civil procedure – arrest without warrant – applicability of s22(3) of Domestic Violence Act; Police Force Act and common law power to arrest for breach of the peace; false imprisonment – burden to justify continued detention; use of force – taser allegations unpleaded; costs reduction for unjustified detention delay.

Civil procedure – costs – general rule that costs follow the event – issue-based costs orders – when discrete issues justify apportionment – dishonest assistance claim – interdependence of elements – equitable defences – stay of taxation pending appeal.

Civil procedure; jurisdiction—Magistrate's jurisdiction to grant possession orders under Registered Land Act s.157; meaning of 'value of the subject matter' as leasehold interest; periodic tenancy valuation; Supreme Court lacks statutory power to enforce Magistrate possession orders.

Sexual Offences Act s11 – sexual activity with a child – penetrative acts; application of UK Sentencing Guidelines (s9 UK Act) in absence of local guidelines; Category 1A (penetration) – grooming, planning, abuse of trust, age disparity – uplifted sentence; mitigation (youth, good character, remorse); one‑third guilty plea discount; concurrent sentences; remand credit; mandated assessment and rehabilitative measures.

Criminal law — Bribery at common law — Public officers’ fiduciary duty — Circumstantial evidence and inferences — Proceeds of Crime — Concealment/disguise through lawyer’s client accounts and corporate vehicles — Mens rea: ‘knowledge or reasonable grounds to suspect’ (1998 Ordinance) vs ‘knows or suspects’ (2007 Act) — Amendment of indictment allowed where no injustice.

Registered Land — Second Charge — Presumption of regularity of land registration; Security for costs — non‑resident plaintiff; Crabtree principle — co‑extensive claim and counterclaim; Specific discovery — Order 24 r.7 — documents relating to sale proceeds.

Administrative law — entitlement to reasons — National Insurance Appeal Tribunal — unemployment benefit Regulation 34F(1)(d) — interaction with Labour Tribunal findings on unfair dismissal — leave to appeal — ‘realistic prospect’ test for grant of leave.

Civil procedure — strike‑out of defence and counterclaim — interlocutory order — leave to appeal required — test of real (not fanciful) prospect of success — costs follow the event — stay pending appeal — balance of harm/convenience.

Refugee law — Convention travel documents (Article 28) — Contracting State responsibility (United Kingdom) — Domestic implementation requires local legislation — Mandamus discretionary; cannot compel non-existent statutory duty — Constitutional freedom of movement does not itself create duty to issue travel documents.

Personal injury—workplace accident—traumatic brain injury with right-sided hemiplegia—default judgment—acceptance of treating physician’s uncontradicted evidence—assessment of general damages using Judicial College Guidelines—loss of earnings and future care assessed by Ogden tables—interest at 6% per annum.

Civil procedure — Setting aside default judgment (Order 19 r.9) — Affidavit of merits — Real triable issues: causation, negligence, contributory negligence, waiver/volenti — Explanation for delay — Balancing prejudice and justice.

Registered Land Act – interaction of chargee’s power of sale (s.75), cautions (ss.127–129) and overriding interests (s.28(g)); indefeasibility (s.23); procedural duties of Registrar; summary judgment – prohibition against summary disposals against the Crown (Order 77 r.7/Crown Proceedings Act); triable issues of statutory construction.

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).

Criminal law – murder – no case to answer – Galbraith test – identification by nickname/dying declaration – hearsay weight – requirement for corroboration – unchallenged alibi.

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.

Strata law – enforcement of by‑laws for unpaid contributions – Order 18 Rule 19 striking out pleadings – requirements for pleading estoppel and equitable title – inadequacy of bare legal conclusions for breach, negligence, conspiracy or constitutional claims – Registered Land Act s.24: provisional title does not defeat prior rights – possession in default of payment.

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).

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.

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).

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.

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.

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

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.

Interim payments (Order 29 r.10–11) – personal injury – high civil standard of proof that plaintiff would obtain substantial damages against a particular defendant – evidence required (medical reports, special damages) – multiple defendants and apportionment – non-compliance with procedural directions not per se fatal.

Crown land allocation – Crown Land Policy – CPLs vs freehold transfers – delegated ministerial authority
Fiduciary duty of minister – distinction between disloyalty (breach) and mere incompetence or error
Dishonest assistance (accessory liability) – elements: fiduciary duty and breach, assistance, and dishonesty (objective test)
Evidence – hearsay in civil proceedings admissible under Evidence (Special Provisions) Act; non-compliance affects weight
Valuation and equitable compensation – assessable loss must flow from breach; speculative development valuations not controlling where land undevelopable/nature reserve

Beach and Coastal Vending Act 2021 — enforcement — vending zones — operation outside permitted zones — discretionary enforcement by Beach Patrol Unit — limits of mandamus where enforcement is ineffective but not wholly refused; public authority resource/ impossibility defenses.

Constitutional law — discrimination (sexual orientation) — sections 7, 9, 16 — interpretation of “spouse” in Immigration Ordinance to include foreign same‑sex marriages — section 10 as lex specialis on right to marry — remedial powers under section 21(2) — courts may fashion effective relief — costs: appellate review of discretionary costs orders (plainly wrong test).

Abuse of process – stay applications; Disclosure obligations – materiality and relevance; DNA evidence – admissibility, contradictory reports, and jury directions; Circumstantial evidence and no‑case submissions; Procedural irregularities and material irregularity test; Joint enterprise and good‑character directions.