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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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September 2008
Smith v Dempsey and Another (CL 8 of 2007) [2008] TCASC 5 (19 September 2008)
A non-beneficiary cannot recover from a solicitor for negligent or fraudulent will-drafting absent a recognized duty or recoverable loss.
Civil procedure – Strike out (Ord.18 r.19): application appropriate before trial to prevent hopeless expensive litigation; Solicitor’s liability – negligence/fraud in will-drafting: duty to intended beneficiaries recognized in limited circumstances (White v Jones) but not to remote non-beneficiaries; Locus standi – non-intended beneficiary cannot recover absent proximate duty and pleaded recoverable loss; Remoteness – speculative future bequests and emotional distress not recoverable.
 19 September 2008