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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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9 judgments
Citation
Judgment date
December 2005
Sirocco Ltd. v Savory and Co. (CL 74 of 2004) [2005] TCASC 3 (15 December 2005)
Solicitor liable only for negligent advice inducing an unnecessary appeal; otherwise litigation conduct met professional standard.
Professional negligence – solicitor’s duty of care – objective standard of reasonably competent practitioner – scope includes advising on merits, costs and tactical risks; Pleading and litigation strategy – Quistclose/proprietary claim, s.167 companies claim, parent company/director liability – speculative claims may be pursued if properly advised; Causation – negligent encouragement to appeal caused recoverable further fees; Costs – apportionment where partial negligence found.
 15 December 2005
Isaac Jay Freites (CR-APM 20 of 2005) [2005] TCASC 6 (5 December 2005)
Appeal rejected on excess‑of‑sentence grounds; court issued drug sentencing guidelines and suspended the 7‑month sentence for two years.
Criminal law – Sentencing – Appeal against sentence – manifestly excessive test; drug offences – cannabis possession – sentencing guidelines for small and significant quantities, class A offences, and supply/importation; relevance of previous convictions and guilty plea discounts; suspended sentence as exceptional relief.
 5 December 2005
November 2005
Standard Star Insurance Ltd. and Others v Morris Cottingham Associates Ltd. and Others (CL 31 of 2001) [2005] TCASC 2 (15 November 2005)
A management company not vicariously liable for misappropriations by its employee acting as company director absent supervision or bad faith.
* Company law – nominated director – distinction between personal fiduciary duties owed as director and duties owed as employee – nominators not vicariously liable absent interference, bad faith or instruction * Vicarious liability – scope when employee acts as company director – acts in capacity of director not ordinarily treated as acts of employer * Contract – implication of term to supervise corporate management services – requirements and limits on implying supervisory duty * Relief – strike out under Order 18 R19 / inherent jurisdiction where claim has no real prospect of success
 15 November 2005
The Queen v Wilson (CR 34 of 2015) [2005] TCASC 9 (11 November 2005)
Court imposed two-year suspended sentence for theft committed with co-accused’s assault, consecutive to an existing 18-month sentence.
Criminal law – Sentencing – Theft committed in company with co-accused’s assault – custody threshold met due to antecedents and role – application of Raynsford principles – two-year custodial sentence suspended for two years, consecutive to existing sentence – SER unnecessary when defendant already serving custody.
 11 November 2005
September 2005
Keeble v Governor of TCI and Another (CL 55 of 2005) [2005] TCASC 8 (20 September 2005)
A non‑party with a legitimate interest may inspect affidavits filed in chambers, subject to limited disclosure restrictions.
* Civil procedure – inspection of documents filed in chambers – open justice vs. confidentiality – court’s inherent jurisdiction to permit non‑party access to affidavits; limited disclosure and confidentiality undertakings.
 20 September 2005
May 2005
In Re: The Bar Council v Duncanson [2005] TCASC 7 (31 May 2005)
A senior attorney was suspended for six months for dishonestly misrepresenting an ex parte order as granting a stay.
Professional misconduct; disciplinary proceedings — dishonesty in communications about court orders; breach of Code (Rule 5(ii)) — deliberate misrepresentation of ex parte order; failure to correct misstatement; suspension and costs ordered.
 31 May 2005
April 2005
Brooker v Quelch (CL 84 of 2004) [2005] TCASC 4 (11 April 2005)
Registrar lacked jurisdiction to vary a judge’s interlocutory injunction; original injunction reinstated pending clarified order.
• Civil procedure – Jurisdiction of Registrar – Order 32 r.11 excludes Registrar from granting or varying injunctions made by a judge. • Interim/interlocutory injunctions – validity and specificity of terms, necessity for clear undertaking as to damages and penal notice. • Procedure – opposed ex parte hearings on short notice; need for inter partes hearing where defendant attends but files no evidence.
 11 April 2005
March 2005
In Re: Magellan Reinsurance Company Ltd; New Hampshire Insurance Company v Magellan Reinsurance Company Ltd. (CL 55 of 2004) [2005] TCASC 1 (2 March 2005)
Court refused arbitration stay and adjournment, finding no bona fide dispute and arbitration clause limited to interpretation.
Companies law – winding up for inability to pay debts – statutory demand and failure to pay; Arbitration – scope of clause limited to ‘interpretation’ disputes; bona fide dispute requirement for stay; Arbitration Ordinance s.5 readiness and willingness to arbitrate; foreign injunctions and respect for local court processes.
 2 March 2005
February 2005
In Re: Danian Henry (CL 11 of 2005) [2005] TCASC 5 (11 February 2005)
Court granted ex parte production order under s.33(1) for bank ATM records and surveillance images and authorized police seizure.
Proceeds of Crime Ordinance 1998 s.33(1) – Production order for bank ATM transactional reports and surveillance imagery – ex parte application – reasonable grounds to suspect benefit from criminal conduct – material likely of substantial value – privilege and public interest – police authorized to seize and retain originals/copies.
 11 February 2005