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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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7 judgments
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7 judgments
Citation
Judgment date
December 2007
The Government TCI and Another v Capron (CL 30 of 2007) [2007] TCACA 6 (11 December 2007)
11 December 2007
August 2007
THE PALMS RESORT LTD. v RENNAE GRAHAM (CL-AP 35 of 2006) [2007] TCACA 10 (18 August 2007)
Tribunal erred by re‑weighing evidence; employer met Burchell test and dismissal was reasonable.
Employment law – unfair dismissal – application of Burchell test (genuine belief, reasonable grounds, reasonable investigation) – tribunal must assess reasonableness, not re‑weigh employer's evidence.
 18 August 2007
February 2007
Forbes v The Crown (CR-AP 4 of 2005) [2007] TCACA 2 (5 February 2007)
5 February 2007
Leonardo Forbes and The Crown (CR-AP 4 of 2005) [2007] TCACA 9 (5 February 2007)
A juvenile "Her Majesty's pleasure" sentence must read "the court's pleasure" and release applications belong to the Supreme Court.
Criminal law – Sentencing of juvenile offenders – Detention "during Her Majesty's pleasure" substituted with "during the court's pleasure" to protect separation of powers; purpose of "pleasure" sentences is periodic judicial review; applications for release should be made to the sentencing court (Supreme Court) with affidavits served on the Crown.
 5 February 2007
Standard Star Insurance Ltd and Others v Morris Cottingham Associates Ltd (CL-AP 26 of 2005) [2007] TCACA 8 (5 February 2007)
Appeal allowed: strike-out set aside; factual issues on vicarious liability, contractual breach and knowing assistance must proceed to trial.
Civil procedure – Strike out (Order 18 r.19) – Three Rivers test; Corporate management – vicarious liability – fiduciary duties owed by directors are personal – vicarious liability for intentional wrongdoing depends on closeness of connection (Lister, Dubai Aluminium); Contract – duty to provide services honestly and with due care including reasonable steps to ensure honest staff; Equity – dishonest assistance requires proof of material dishonest assistance.
 5 February 2007
Magellan Reinsurance Company v New Hampshire Insurance Company (CL-AP 10 of 2006) [2007] TCACA 3 (2 February 2007)
2 February 2007
January 2007
Williams v Regina (CL-AP 19 of 2006) [2007] TCACA 1 (29 January 2007)
29 January 2007