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Court of Appeal of Turks and Caicos Islands

The Court of Appeal currently sits in sessions on Providenciales and the Court is made up of at least 3 Judges of Appeal.

It has the jurisdiction assigned to it by the Court of Appeal Ordinance. It considers appeals from the Supreme Court and the Labour Tribunal. It also sits as a Constitutional Court, considering questions that may be referred to it by the Attorney General under the Attorney General’s Reference of Questions Ordinance.

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October 2005
In Re: Duncanson v Bar Council (CL-AP 13 of 2005) [2005] TCACA 6 (31 October 2005)
Appeal allowed: finding of deliberate dishonesty overturned where appellant corrected misleading statement to Attorney‑General the next morning.
Professional conduct – disciplinary proceedings under Legal Profession Ordinance – alleged dishonest misrepresentation of court order to Attorney‑General – whether corrected next morning – sufficiency of evidence for finding of deliberate dishonesty. Standard of proof – disciplinary hearing standard akin to criminal; tribunal must give adequate weight to inferences favourable to respondent. Bar Council procedure – investigation and referral under statute properly instituted; costs of investigation may be ordered against respondent.
 31 October 2005
August 2005
Magellan Reinsurance Company Ltd. v New Hampshire Insurance Company (CL-AP 5 of 2005) [2005] TCACA 3 (19 August 2005)
Court set aside winding-up order and remitted the petition for rehearing, finding refusal to adjourn was improper.
Companies law – winding-up petition – whether petitioning creditor has locus standi to present petition under section 94. Arbitration Ordinance s.5 – stay pending arbitration – procedural requirement of leave to appeal and effect on subsequent proceedings. Civil procedure – adjournment discretion – refusal merging with final order where it defeats party’s rights; need for rehearing. Disputed debt – bona fide dispute and admission of fresh evidence on appeal; remittal for rehearing. International comity – effect of foreign TRO on domestic insolvency proceedings.
 19 August 2005
Pankhurst v Hurdle and Another (CL-AP 14 of 2005) [2005] TCACA 2 (15 August 2005)
Appellate court affirms discharge of freezing injunction, finding no real risk of asset dissipation and no error in exercise of discretion.
Civil procedure – interlocutory (Mareva) injunction – real risk of dissipation test; appellate review of interlocutory discretion – interference only for error of law, misapprehension of evidence, or manifestly unreasonable exercise; procedural requirement – respondent's notice to challenge grounds of appeal; weighing hearsay and hardship to respondents.
 15 August 2005
May 2005
In Re: Duncanson v The Bar Council of TCI (CL-AP 13 of 2005) [2005] TCACA 7 (31 May 2005)
31 May 2005
February 2005
Parker v The Crown (CR-AP 21 of 2004) [2005] TCACA 5 (1 February 2005)
1 February 2005