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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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2 judgments
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2 judgments
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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