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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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11 judgments
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11 judgments
Citation
Judgment date
December 2015
Yacht Club Ltd v Long View Associates Ltd and Anor. (CL-AP 34 of 2015) [2015] TCACA 11 (31 December 2015)
Consent to "minor" strata-plan amendments did not authorize converting common-property parking into a separately registered strata lot.
Strata titles — Amendment of registered strata plan — Construction of proprietor consent permitting "minor" changes — Whether consent allowed creation/registration of parking structure as new strata lot — Statutory controls on disposition of common property (s.22) — Application of contractual interpretation principles (Arnold v Britton).
 31 December 2015
September 2015
AG TCI v M&A Services Ltd. (CL 155 of 2013) [2015] TCACA 3 (18 September 2015)
Minister's letter created a binding sale contract; respondent entitled to title on payment of the agreed price.
Contract – Ministerial letter constituting binding agreement for sale; Conditional Purchase Lease background; equitable interest and purchaser in possession; specific performance; time not of the essence; breach entitling to damages not forfeiture; refusal to transfer cannot be met by demanding later market valuation.
 18 September 2015
Beryn Duncanson v Royal Bank of Canada RBC Royal Bank Bahamas Ltd (CL-AP 35 of 2015) [2015] TCACA 8 (18 September 2015)
Civil Procedure
 18 September 2015
Big Blue Unlimited v Kathleen De Bruyne (CL-AP 1 of 2014) [2015] TCACA 7 (18 September 2015)
Civil Remedies
 18 September 2015
Michael Misick and ors. v R [2015] TCACA 12 (18 September 2015)
An interlocutory recusal ruling in criminal proceedings does not attract an as‑of‑right constitutional appeal absent proper section 21 procedure and notice.
Constitutional law — section 21 constitutional redress — interlocutory recusal ruling in criminal proceedings — appeal as of right under section 21(4) — absence of rules under section 21(6) — Jaundoo principle that any practicable procedure may be used but must give notice to Attorney‑General — no appeal where no final determination under section 21 and proper notice absent.
 18 September 2015
June 2015
RBC Royal Bank (Bahamas) Ltd. v Duncanson (CL 17 of 2014) [2015] TCACA 2 (2 June 2015)
Allegations of procedural unfairness, social friendships and press criticism failed to show a real possibility of judicial bias; appeal dismissed.
Judicial recusal — apparent bias — fair‑minded and informed observer test (Porter v Magill) — procedural conduct in leave applications — refusal of adjournments and prior adverse rulings insufficient alone for recusal — speculative social friendships and press coverage do not establish real possibility of bias.
 2 June 2015
May 2015
HANSCHELL AND ORS v REGISTRAR OF THE SUPREME COURT (CL-AP 33 of 2013) [2015] TCACA 5 (8 May 2015)
Application for leave to appeal to Privy Council refused: legal aid rate dispute neither a £300+ judgment nor a constitutional rights claim.
Administrative law — judicial review (certiorari and mandamus) — legal aid fee determination by Registrar — whether decision constitutes a "final judgment" for Privy Council appeal under Section 3(a) (£300 threshold) — constitutional law — enforcement of fundamental rights (Section 21) — when Section 21 confers right of appeal.
 8 May 2015
March 2015
Simmons v Regina (CR-AP 9 of 2015) [2015] TCACA 1 (25 March 2015)
Conviction unsafe where jury was not warned to treat critical, uncorroborated witness evidence as potentially tainted.
Criminal law — circumstantial case reliant on single witness — unsupported assertion linking accused to weapon — duty to warn jury of possible improper motive and to treat uncorroborated evidence with caution — failure to do so renders conviction unsafe; retrial ordered.
 25 March 2015
January 2015
Joram Rigby and Ors. v R (CR-AP 55 of 2011; CR-AP 56 of 2011; CR-AP 57 of 2011; CR-AP 58 of 2011) [2015] TCACA 10 (29 January 2015)
Criminal law
 29 January 2015
LAMONT ROBINSON-V- THE CROWN (CR-AP 10 of 2014) [2015] TCACA 6 (29 January 2015)
Recent-possession and vehicle-occupancy evidence upheld convictions for hotel-room burglary and handling stolen goods; sentences affirmed.
Criminal law – Burglary and handling stolen goods; recent possession doctrine; inferring joint possession from vehicle occupancy during items being discarded; alibi undermined by CCTV; sentencing — seriousness of dwelling/hotel-room burglary and whether sentence is manifestly excessive.
 29 January 2015
Dwayne Cox v R (CR 16 of 2012) [2015] TCACA 9 (16 January 2015)
Criminal law
 16 January 2015