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Supreme Court of Turks and Caicos Islands

The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.

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Judgment date
December 1999
Barclays Bank PLC v Henry and Another (CL 80 of 1999) [1999] TCASC 3 (15 December 1999)
Court sanctioned private treaty sale under the charge but declined to approve a specific sale price, leaving pricing to the chargee subject to true market value.
Registered Land Ordinance s75, s77 – power of sale by chargee – variation of statutory auction requirement by charge – court’s sanction of contractual variation permitting private treaty sale – limits on court power to approve specific sale price – duty to obtain true market value and evidentiary requirements for valuation.
 15 December 1999
Barnett v Smith (CL 24 of 1987) [1999] TCASC 4 (9 December 1999)
Court issued warrant under s.148 to arrest judgment debtor for failing to appear and fixed $5,000 cash bail.
Civil procedure – Examination of judgment debtor – Warrant of arrest under s.148 Civil Procedure Ordinance – Custody until bail – Bail set at $5,000 cash – Restriction on leaving jurisdiction – Returning executed warrant with particulars.
 9 December 1999
Worrel v The Queen (CR-APM 14 of 1999) [1999] TCASC 1 (8 December 1999)
Conviction quashed: offence requires mens rea and prosecution failed to prove connection between declaration and passport applicant.
Criminal law – Passport offences – mens rea vs strict liability; evidential requirement for actus reus – necessity of linking declarant to applicant (countersigned photograph); reliability of circumstantial evidence and departmental procedure; duty of magistrate to give reasons; retrial inappropriate where prosecution evidence insufficient.
 8 December 1999
November 1999
In Re: Island Concrete Ltd. v Hugh O'Neill (CL 15 of 1997) [1999] TCASC 5 (18 November 1999)
A notional brief fee not agreed or billed is disallowed on taxation; costs must reflect actual liability and appropriate hourly rates.
Costs taxation – notional brief fee disallowed where not agreed or billed; indemnity principle – cannot recover costs not incurred; assessment by proper hourly rate preferred to ex post lump-sum brief fee in fused profession; administrative tasks (client reports, bill preparation) are overheads; revised taxation effective from original certificate for interest and execution purposes.
 18 November 1999
August 1999
Torrelli v Penn (CL 7 of 1998) [1999] TCASC 7 (19 August 1999)
Landlord breached some covenants, but tenant’s arrears and re-entry limited recovery to nominal damages.
Landlord and tenant – repairing covenants; supply of utilities; licence renewal obligations; limits on exemplary damages in contract; mitigation and effect of tenant arrears; damages limited to date of re-entry.
 19 August 1999