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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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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