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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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3 judgments
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October 2003
Parker v Boudel and Another (CL 74 of 2002) [2003] TCASC 12 (21 October 2003)
No local right to contribution or indemnity between tortfeasors without statute; third‑party notice struck out.
Tort — Contribution/indemnity between several tortfeasors — No common‑law right without statute or agreement — Procedural rules (Ord. 16) do not create substantive rights — Third‑party notice struck out for disclosing no cause of action.
 21 October 2003
Cox v Georgian Mercantile Corporation (CL 6 of 2003) [2003] TCASC 14 (16 October 2003)
A long‑serving employee was held to have been terminated and awarded unpaid salary and severance; stigma damages denied.
Employment law – termination/dismissal – whether termination occurred and effective date; entitlement to arrears of salary and statutory severance. Jurisdiction – whether Supreme Court may award severance pay under Employment Ordinance. Contract law – doctrine of frustration considered and rejected. Damages – claim for stigma/reputational/financial embarrassment not established.
 16 October 2003
Roker v The Crown (CR-APM 14 of 2003) [2003] TCASC 13 (16 October 2003)
The applicant's appeal is dismissed: reliable identification and joint participation upheld in malicious wounding conviction.
Criminal law – Identification evidence – Application of Turnbull guidelines – Reliance on witness who knew accused after prior altercation. Criminal law – Joint liability – Party to a joint attack and ring‑leader liable for consequences of assault. Evidence – Corroboration by medical witness and third‑party eyewitness supports identification. Public order – common law affray and discussion of statutory offences for gang violence.
 16 October 2003