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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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5 judgments
Citation
Judgment date
December 2001
In Re: Sunrise Agency Ltd. (In Liquidation) and Another v Carib West Ltd. (CL 31 of 1994; M 4 of 1993) [2001] TCASC 7 (21 December 2001)
21 December 2001
October 2001
Lightbourne v Lightbourne (D 1 of 2002) [2001] TCASC 3 (31 October 2001)
Court affirms a $30,000 lump‑sum award for wife's share of matrimonial home, dismissing objection to post‑decree power and appeal.
Family law – ancillary relief – section 30 lump sum orders on decree – capacity to make award after decree absolute where matter adjourned; division of matrimonial property – valuation, contributions and encumbrances; capitalisation of maintenance – when appropriate; pension claims – reserved/undeclared; disclosure obligations in ancillary proceedings.
 31 October 2001
June 2001
R v Higgs (CR-APM 6 of 1995) [2001] TCASC 5 (22 June 2001)
Appellants' criminal appeals struck out for want of prosecution after six-year delay; trial convictions and sentences confirmed.
Criminal appeals – want of prosecution – appellants’ positive duty to pursue appeal – recognizance for due prosecution – constructive abandonment – six-year delay – evidentiary prejudice from imperfect notes and absent trial magistrate – striking out appeals; enforcement via warrants/commitment.
 22 June 2001
April 2001
R. v Jennings (CR-APM 27 of 2000) [2001] TCASC 6 (6 April 2001)
Licence-holders are strictly responsible for preventing unlicensed commercial fishing and cannot escape liability by claiming ignorance.
Fisheries regulation — Regulation 22(2) — meaning of “allow” — statutory construction analogous to liquor-licensing cases — licence-holder responsibility; sufficiency of unchallenged police evidence to establish absence of a Belonger; forfeiture as mandatory deterrent.
 6 April 2001
February 2001
Robinson and Another v Hinson and Another (CL 30 of 1996) [2001] TCASC 1 (27 February 2001)
First defendant liable for negligent driving; contributory negligence not proved; damages and prejudgment interest awarded.
Negligence – road traffic collision: first defendant liable; second defendant not liable. Contributory negligence – seat belt non-use not proven. Damages – awards for severe femoral/hip injuries, future corrective and replacement surgery, past and future losses. Pre-judgment interest – permitted under Civil Procedure (Amendment) Ordinance 1999 s101C and applied retrospectively to awarded damages.
 27 February 2001