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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https://judicial.tc
219 judgments
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219 judgments
Citation
Judgment date
December 2025
Whether circumstantial and expert evidence supported conviction and whether judge misdirected on mens rea, late evidence, post‑offence conduct.
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.
5 December 2025
October 2025
Refusal to grant residence permit to same‑sex spouse found discriminatory; court ordered permit issued, refusing to amend marriage law.
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).
27 October 2025
Appeal dismissed: strong DNA and circumstantial evidence supported convictions; stays and procedural complaints failed.
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.
27 October 2025
July 2025
10 July 2025
8 July 2025
June 2025
5 June 2025
5 June 2025
5 June 2025
5 June 2025
October 2024
23 October 2024
23 October 2024
August 2024
5 August 2024
June 2024
21 June 2024

Appeal against Conviction - Disclosure – Expert Evidence – Admission of Expert Evidence – Timeliness of Disclosure – Adequacy of Expert Report – Whether the learned judge erred in allowing an Expert Report to be admitted- Summation –Adequacy of Summation-Whether the learned judge properly directed the jury.

21 June 2024
May 2024
17 May 2024

Leave to Appeal- The Test for granting Leave to Appeal- Whether the appeal has a reasonable prospect of success- Whether there is some other compelling reason for the appeal to be heard.

17 May 2024
April 2024
17 April 2024
17 April 2024
15 April 2024
February 2024
29 February 2024
29 February 2024
29 February 2024
29 February 2024
December 2023
15 December 2023

Appeal – Labour Tribunal – Unfair Dismissal - Employer/Employee Relationship – Whether the Labour Tribunal erred in finding that no Employer/Employee Relationship existed.

15 December 2023
October 2023

Appeal – Attorney’s Lien – Restrictions – Registered Land Ordinance – Interest in Land – Trust - Equitable Interest

27 October 2023

Appeal - Recusal – Bias - Leave to Appeal –Refusal of Stay –Abuse of process- Indemnity Costs

27 October 2023

Appeals - Application for Recusal – Refusal to Recuse – Leave to appeal – Application for Stay/Adjournment Pending Appeal refused- Whether the judge exercised proper discretion – Principles to be applied on Stay/Adjournment Pending Appeal

27 October 2023
May 2023
24 May 2023
24 May 2023
24 May 2023
24 May 2023
March 2023

Statutory Interpretation

24 March 2023

Administrative Review

24 March 2023

Property Law

24 March 2023
February 2023

Criminal law

8 February 2023

Statutory Interpretation

3 February 2023

Civil Procedure

3 February 2023

Criminal law

3 February 2023

Administrative Review

3 February 2023
August 2022

Civil Procedure

31 August 2022
July 2022

Criminal law

25 July 2022

Civil Procedure

13 July 2022

Costs

11 July 2022
April 2022
7 April 2022
7 April 2022
March 2022
29 March 2022
8 March 2022
7 March 2022

Criminal law

1 March 2022