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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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3 judgments
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3 judgments
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June 2008
The Palms Resort Ltd v PPC Ltd (CL 31 of 2007) [2008] TCASC 19 (25 June 2008)
25 June 2008
The Queen v Department of Physical Planning and Others (CL 37 of 2008) [2008] TCASC 21 (25 June 2008)
Leave granted to seek judicial review of Planning Director’s alleged refusal or delay to consider enforcement proceedings.
Planning law – enforcement powers under s.45 Physical Planning Ordinance – whether Director’s refusal/delay to seek Minister’s consent for enforcement is amenable to judicial review; leave application promptness; standing; adequacy of private law remedies; implied duty to consider and timely exercise discretion.
 25 June 2008
Capron v Astwood (CL 83 of 2007) [2008] TCASC 2 (17 June 2008)
Court orders demolition and removal of structure on plaintiff's leased land, grants injunction, nominal damages and costs.
Land law – lease validity; wrongful interference/trespass – structure built on leased land; remedies – demolition, removal and injunction; court cannot compel executive re-determination of leases or boundaries; nominal damages and costs on ordinary basis.
 17 June 2008