Judgments

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.

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.

Family law – custody and day‑to‑day care – welfare and best interests under Family Law Act – welfare checklist and children’s wishes Child welfare – evidence from social services, psychological assessments and Magistrate’s findings weighed in custody decision Siblings – principle against separation unless necessary; holistic welfare balancing exercise Joint custody – maintained while day‑to‑day care and control awarded to respondent

Civil procedure – discovery – Order 24 r.7 – applicant must show prima facie that specific documents exist, relate to matters in issue, and are in opponent’s possession, custody or power. Legal professional privilege – communications between police and DPP examined; privilege may arise only if relationship tantamount to client-lawyer exists. Court’s inherent jurisdiction – inspection under confidential cover to determine whether r.7 affidavit should be ordered. Specific disclosure ordered for identified witness statements; DPP letter not shown to exist.

Immigration law – Stop List – statutory power to prohibit entry where person conducted themselves "undesirably" – placing name on Stop List lawful where long-term breach of permits; work permit does not negate Stop List; no general right to prior notice of Stop List placement for persons outside jurisdiction; Governor may direct removal but no evidence of such direction here; refusal to accept renewal and claims for damages not established.

Strata law – By‑laws – Validity of blanket no‑pet by‑law; ultra vires challenge under section 20 STA; constitutional claim under section 17(1) (peaceful enjoyment of property) dismissed; comparative consideration of Cooper (NSW) but different statutory regimes.

Damages‑based agreements (DBAs) – champerty and maintenance – Criminal Law Act ss9–10 preserve public policy against champerty – Regulation 23 Code of Professional Conduct prohibits significant pecuniary interest by counsel – indemnity principle and costs recovery – access to justice does not justify judicial creation of DBAs – legislative reform required.

Administrative law – judicial review – procedural fairness – refusal of naturalisation – exercise of statutory discretion – legitimate expectation – reliance on policy guidance – mandatory considerations – British Nationality Act 1981 – residency and immigration breach requirements – separation of discretionary powers – fair notice of reliance on policy – natural justice.

Constitutional and election law – Jurisdiction of election courts – No power to declare an entire general election void; petitions must relate to particular elections/members. Electoral procedure – Electronic Tabulating System – single ballot format permissible; legacy manual‑ballot colour requirement does not apply. Election petitions – Substantial compliance test (Morgan v Simpson refined) governs validity; administrative errors in statutory forms do not necessarily vitiate an election. Evidence – observer reports as hearsay; viva voce evidence of election officials relevant to assessing voter confusion.