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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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2 judgments
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2 judgments
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October 2010
TCI Financial Services Commissions v TCI Bank (W 4 of 2010) [2010] TCASC 24 (29 October 2010)
The court held that public‑interest regulatory breaches, liquidity and solvency risks justified winding up the Bank and confirming liquidators.
Company law – winding up on public interest/just and equitable grounds – regulatory breaches, inadequate capital and liquidity, weak credit administration and insolvency risk. Insolvency procedure – ex parte appointment of provisional liquidators justified to prevent run and protect public/depositor interests. Rescue proposals – failure to meet regulatory escrow/approval requirements and lack of substance do not justify further adjournment. Remedy – compulsory winding up and confirmation of provisional liquidators as liquidators.
 29 October 2010
Regina v Francis (CR 23 of 2009) [2010] TCASC 7 (12 October 2010)
Court admitted absent complainant’s and officer’s written statements under Evidence Ordinance after finding no unfairness.
Evidence Ordinance 2001 – admissibility of written statements; sections 6 and 8 – witnesses outside jurisdiction/untraceable; section 10 – court’s discretion to exclude in interests of justice; considerations: authenticity, availability, relevance and risk of unfairness; identification and consent issues in sexual offences; jury directions where written statements admitted.
 12 October 2010