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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10 judgments

Citation	Judgment date
December 2002
In the Matter of a Reference by the Bar Council under Section 24(5) of the Legal Profession Ordinance [2002] TCASC 4 (20 December 2002) Legal Professional and Judicial Conduct	20 December 2002
KPMG Finance Ltd and Others v Catania investments et al_ KPMG Ltd. and Others v Zed Ltd et al Others v. (CL 18 of 2003; CL 6 of 2003) [2002] TCASC 3 (17 December 2002) TCI is the natural forum and an anti‑suit injunction restraining Texas proceedings was granted due to lack of Texas connection. Forum non conveniens; anti‑suit injunction; oppression and forum‑shopping; comity between jurisdictions; sufficiency of foreign connection for Texas securities jurisdiction; protection of parallel domestic declaratory proceedings.	17 December 2002
November 2002
Lightbourne v Barclays Bank Plc (CL 62 of 2001) [2002] TCASC 9 (1 November 2002) The plaintiff entitled to overseas top-up payments using the actual home-base (Grand Turk) cost-of-living. Employment law – Overseas compensation clause – "Disposable income in real terms" – Meaning of "home base" – Cost-of-living factor – Use of local (Grand Turk) vs Providenciales figures – Undisclosed internal formula as method of computation – Admissibility of witness statement under Evidence Ordinance 2001.	1 November 2002
October 2002
In Re: Judicial Review under Physical Planning Ordinance 1989; The Queen and Another v Armani (CL 59 of 2002) [2002] TCASC 2 (15 October 2002) Failure to include objectors’ submissions in the Director’s report breached natural justice; permission quashed and remitted. Planning law – Natural justice – Regulation 8 of Development Permission Regulations requires Director’s report to summarise representations; failure is a material irregularity. Administrative law – Fair hearing – absence of summary of objections in report breaches natural justice and may render decision ultra vires. Procedural rights – No statutory right to oral hearing, to see/respond to Director’s report, or to reasons unless conferred by statute. Development control – Setbacks/height for buildings over two storeys; Board must specifically consider Development Manual para.3.4.4(a). Bias – declared interest and non‑voting Board member not automatically tainting.	15 October 2002
In Re: The Queen and Another v Armani (CL 37 of 2008) [2002] TCASC 11 (15 October 2002) Omission of a required written summary of objections in the planning report breached natural justice and the permission was quashed. Planning law — Procedural fairness — Regulation 8 requires the Director’s report to include a summary of representations; failure to do so is a material irregularity and breaches natural justice. No statutory right to oral hearing, to sight of the Director’s report or to reasons. Development Manual: setbacks are minimums; Board should consider para. 3.4.4(a) for buildings over two storeys. Allegation of bias rejected where member declared interest and absented.	15 October 2002
Grant v Grant (ID 41 of 2002) [2002] TCASC 7 (9 October 2002) Desertion found where spouse relocated and lived apart without consent despite occasional visits; decree nisi granted. Divorce — Desertion — Effect of prolonged absence and intermittent visits — Requirement of intention to forsake marital home — Credibility findings on cohabitation and sexual relations — Decree nisi granted.	9 October 2002
Lightbourne v Barclays Bank Plc (CL 62 of 2001) [2002] TCASC 1 (7 October 2002) A transferred employee is entitled to disposable income matching home‑base real purchasing power, using the actual home‑base cost of living. Employment contract – Overseas assignment – Entitlement to disposable income "in real terms" equivalent to home base – Home‑base cost of living determinative – Internal employer formula accepted as computation method but must use appropriate home‑base cost‑of‑living figures – Admission of overseas witness statement under s.15 Evidence Ordinance 2001.	7 October 2002
August 2002
Pierre v The Crown (CR-APM 16 of 2002) [2002] TCASC 10 (30 August 2002) An inference of possession may be drawn from occupation plus contemporaneous behaviour and exhibit location; marked exhibits can establish continuity despite gaps. Criminal law – Possession of drugs – Mere occupation of premises insufficient to prove possession – Additional circumstances required to infer knowledge/control. Evidence – Chain of custody – Gap between handlers; marking of exhibit and matching identification may suffice to establish continuity. Sentencing – Second simple possession conviction; immediate imprisonment not inevitable; fine substituted where imprisonment would be excessive.	30 August 2002
July 2002
In Re: Kohli v Kohli (408 of 2002; 583 of 2002) [2002] TCASC 6 (30 July 2002) Respondent paid materially less than reasonable maintenance; court ordered specified periodical payments for spouse and children. Family law — Maintenance under Domestic Proceedings Ordinance — Whether respondent failed to provide reasonable maintenance for spouse and children — Assessment of reasonable maintenance by reference to incomes, earning capacity, needs, pensions and shared care. Family assets — Collapsed pension — Whether constitutes capitalized maintenance or capital asset — Held: capital asset for ancillary relief. Procedural — Section 10 custody consideration — Court may consider custody when making financial orders; here no change ordered. Evidence — Flexible approach to hearsay in child-welfare-related family proceedings.	30 July 2002
June 2002
Regina v Mitchell and Another (CR 4 of 2002) [2002] TCASC 5 (14 June 2002) Confessions excluded where police credibility, failures to investigate alleged beatings, and diary entries created reasonable doubt about voluntariness. Criminal law – Admissibility of confessions – Voluntariness – Allegations of threats and beatings – Duty to record and investigate complaints of ill‑treatment – Reliance on contemporaneous entries (station diary) and witness credibility.	14 June 2002