Skip to document content Skip to main menu Skip to search

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.

Visit website
https://judicial.tc/
3 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
January 2008
Windsong Island and Development Ltd v Jaca TCI Ltd (CL 104 of 2007) [2008] TCASC 14 (18 January 2008)
Ex parte injunction discharged for inadequate disclosure; contempt dismissed for lack of personal service; file statement of claim within ten days.
Civil procedure – interlocutory ex parte injunction – duty of full and frank disclosure – Mareva/Piller principles; Contempt – committal/sequestration – personal service or clear knowledge of order required; Rule 45/Order 29; Failure to prosecute – statement of claim not filed – strike out.
 18 January 2008
Winch and Others v McKnight and Another (CL 41 of 2007) [2008] TCASC 15 (14 January 2008)
Court struck employer from false imprisonment claim, allowed defamation claim but removed conspiracy allegation, ordered address disclosure and deletion of scandalous affidavit passage.
Civil procedure – Order 18 r19 – striking out pleadings: court’s limited role under r19(1)(a) (no evidence admissible) and broader scope under r19(1)(b)/(d).; False imprisonment – liability of person reporting to police; whether reporting versus actively procuring arrest distinguishes liability. ; Defamation – abuse of process: conspiracy allegation cannot be combined with ordinary defamation to sidestep special defences (Lonhro v Fayed).; Pleadings – sufficiency of counterclaim and need for particulars. ; Affidavits – deletion of scandalous, irrelevant imputations. ; Security for costs – discretion where plaintiffs reside abroad; disclosure of address and assets required.
 14 January 2008
Vento v Vento (CL 74 of 2007) [2008] TCASC 17 (2 January 2008)
A contractual Florida venue and law clause justified staying local proceedings where the plaintiff failed to show strong cause not to stay.
Private international law – forum-selection clauses – discretion to grant stay where disputes contractually referred to foreign forum; burden on plaintiff to show strong cause not to stay. Choice of law – where contract prescribes foreign governing law, foreign courts are generally better placed to determine and apply that law
Procedure – non-conforming writs are irregular but may be rendered academic where a stay is appropriate
 2 January 2008