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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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January 2010
Royal Bay Resort v Williams and Others (CL-APM 14 of 2007) [2010] TCASC 18 (29 January 2010)
Non-compliance with court timetable justified costs and time extension but not strike-out absent contumelious delay.
Civil procedure — Appeals from Magistrate’s Court — Inherent jurisdiction of Supreme Court to manage appeals and prevent abuse of process — Strike out for contumelious or inexcusable delay — Requirements for summary dismissal — Costs consequences for non-compliance with court timetable; application of s.172 cap to lump-sum daily awards.
 29 January 2010
Trinidad and Tobago Unit Trust Corporation v Kinay (CL 7 of 2010) [2010] TCASC 21 (28 January 2010)
Court continued worldwide freezing order, took account, found US$85,037,331.63 due, struck out defendants’ counterclaim, ordered payment and costs.
Civil procedure – Mareva (freezing) injunction – continuation of ex parte freezing order – real risk of dissipation; Contract and remedies – guarantor liability – account as equitable remedy to ascertain debt; Contract interpretation – effectiveness of express "no set‑off/counterclaim" clauses; Striking out – counterclaim and defence struck out as disclosing no reasonable cause of action and abuse of process; Evidence – admission of receiver’s late affidavit and parties afforded opportunity to respond.
 28 January 2010
Saunders Jr and Another v United Insurance Company and Others (CL 191 of 2009) [2010] TCASC 25 (18 January 2010)
Application to appoint arbitrator refused where insured accepted payment as full and final settlement.
Insurance law – settlement acceptance – signed proforma constituting full and final settlement; Arbitration – applicability where payment accepted; Procedural – insufficiency of affidavits; Arbitration Ordinance s.6(1)(a).
 18 January 2010
Baker v Baker (CL-APM 5 of 2009) [2010] TCASC 2 (5 January 2010)
A protection order may only be continued if objectively necessary, not merely because it is 'prudent'.
Domestic Proceedings Ordinance s17(2) – protection / non‑molestation orders – continuation requires objective necessity not mere prudence – power of arrest requires specific reasons and duration – relevance of passage of time and absence of breaches – rehearing on record.
 5 January 2010