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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 2007
Hall v The Crown (CR-APM 1 of 2007) [2007] TCASC 4 (14 December 2007)
Handling-stolen-goods conviction quashed for lack of proof of knowledge; assisting illegal entry conviction and two-year sentence upheld.
Criminal law – handling stolen goods – requirement of subjective knowledge/belief that goods are stolen; conviction unsafe where no evidence of guilty knowledge. Immigration law – assisting illegal entry – conviction may be upheld where evidence of facilitating illegal arrival is overwhelming. Evidence – accomplice testimony – judge must warn himself of inherent dangers; sentencing accomplices before testimony does not mandate recusal if credibility is properly assessed. Fair trial – disclosure – late provision of witness statements may be cured by recall and opportunity to cross-examine. Right to self-representation – court not required to pre-assess competence absent signs of incapacity.
 14 December 2007
November 2007
Shandon Taian Construction Engineering Group Corporation Ltd v Ashtrom Construction TCI and Another (CL 97 of 2007) [2007] TCASC 9 (23 November 2007)
Claim against second defendant struck out for disclosing no reasonable cause of action under Order 18 r19(1)(a).
Order 18 r19(1)(a) — striking out pleadings that disclose no reasonable cause of action; application decided on pleadings alone, no evidence admissible; joinder requires pleaded basis; costs follow event, certification for two counsel.
 23 November 2007
Shandon Taian Construction Engineering Group Corporation Ltd v Ashtrom Construction TCI and Another (CL 97 of 2007) [2007] TCASC 8 (19 November 2007)
Court granted stay to compel arbitration, rejecting arguments that illegality or ambiguity invalidated the arbitration clause.
Arbitration — stay of proceedings under Arbitration Ordinance s.5 — parties bound to arbitration unless sufficient reason shown to the contrary. Severability — illegality of main contract does not necessarily invalidate arbitration clause; common-law separability applies. Contract law — alleged illegal employment terms in an annex held descriptive and not voiding the contract. Interpretation — 'waiving all other jurisdiction' construed as agreement to arbitrate, not ouster of court; reference to arbitration 'executed in Jamaica' concerns seat, not governing law.
 19 November 2007
July 2007
Regina v Astwood (CR 10 of 2007) [2007] TCASC 1 (7 July 2007)
Court can order defendant's costs, but only for positive reasons; application for costs dismissed.
Criminal procedure — Power to order defendant’s costs — Interpretation of Supreme Court Ordinance s.3(1) importing English Divisional Court jurisdiction — Assimilation to English practice under Criminal Procedure Ordinance s.7 “so far as circumstances admit” — Local test: costs only where positive reasons exist (oppressive or baseless prosecution, unfair disadvantage, disclosure failures, culpable delay) — Application dismissed where prosecution acted reasonably.
 7 July 2007
June 2007
Cox-Baker v Baker and Another (CL 43 of 2006) [2007] TCASC 3 (26 June 2007)
Court sets principles for inter partes taxation: hourly rates by experience, disallowing non-fee-earner work and requiring proportionality.
Costs — Taxation inter partes — No brief fees except for visiting overseas counsel — Hourly rates determined by experience and nature of work — Non-fee-earner tasks, file-reading on change of carriage and ordinary legal research not recoverable — Travel time at half rate — Aggregate proportionality check required.
 26 June 2007
Schick v Frahm 2) Frahm v Schick (CL 25 of 2007; CL 87 of 2006) [2007] TCASC 11 (7 June 2007)
Property Law
 7 June 2007
May 2007
Precision Developments Ltd. and Another v Jeanette Caribbean Company Ltd. (CL 23 of 2006) [2007] TCASC 5 (23 May 2007)
Costs clause construed as limited to third‑party claims; defendant awarded 80% costs and caution stayed pending appeal.
Contractual indemnity – construction of costs clause; contractual costs v. judicial discretion; reduction of costs for abandoned issues; stay of removal of caution pending appeal where specific performance sought.
 23 May 2007
February 2007
Precision Developments Ltd and Anor. v Jeanette Caribbean Company Ltd. (CL 23 of 2006) [2007] TCASC 10 (22 February 2007)
An exclusive right to purchase was an option; buyer failed to exercise it by required payment and unmet conditions.
Contract interpretation – whether agreement constituted an option or immediate sale; clause making time of the essence; meaning of “payment” and whether attorney’s undertaking/local usage can constitute payment; incorporation and effect of Conditions Precedent; refusal of specific performance where option not validly exercised.
 22 February 2007
In Re: Coral Gardens Resort Management Ltd. v Goldstein and Another (CL-APM 27 of 2006) [2007] TCASC 2 (2 February 2007)
A deficient trade mark application lacking precise services and proprietor details must be refused; substituting applicant identity is impermissible.
Trade marks — sufficiency of specification and local trading particulars; Registrar’s quasi‑judicial duty to refuse defective applications; advertisement requirements under s.9; correction/amendment limits — substitution of applicant identity; assignment prior to registration invalid; capacity of strata corporations to own trade marks for internal services; effect of class reclassification on earlier filings.
 2 February 2007