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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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4 judgments
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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