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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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4 judgments
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March 2010
Grant v Grant (D 41 of 2002) [2010] TCASC 12 (30 March 2010)
Court holds Section 30 permits secured maintenance, not outright lump-sum awards, and ancillary relief cannot decide proprietary claims.
Divorce Ordinance s.30 — secured gross or annual sums refer to secured maintenance, not outright lump-sum capital awards; ancillary relief cannot determine proprietary or constructive trust claims over property registered solely in the other spouse; court invited further submissions on whether "security" may be charged against property; procedural treatment of late affidavits.
 30 March 2010
Regina and Another v The Registrar of Lands (CL 51 of 2008) [2010] TCASC 16 (19 March 2010)
An appeal by case stated under the Registered Land Ordinance is properly constituted without filing a separate court notice of appeal.
Registered Land Ordinance – appeals by case stated – statutory procedure under sections 146–148; Civil procedure – whether English rules or Order 55/Order 93 apply by virtue of Supreme Court Act s.3; Procedural requirements – notice to Registrar vs. separate Notice of Appeal in Court; Validity of appeal – when an appeal by case stated is properly constituted.
 19 March 2010
Royal Bay Resort and Villas Ltd v Williams and Others (CL-APM 14 of 2007) [2010] TCASC 19 (15 March 2010)
Appeal under Employment Ordinance confined to questions of law; arbitrary summary dismissals were unreasonable and unfair.
Employment law – unfair dismissal – section 35 "some other substantial reason" – reasonableness of employer’s response; appeal under Employment Ordinance limited to questions of law; appellate standard of review for factual findings (O’Kelly principle).
 15 March 2010
Regina v Williams and Another (CR 19 of 2009) [2010] TCASC 17 (11 March 2010)
Court refused prosecution’s late, unsupported application to vacate a trial fixture and ordered an immediate decision to proceed or offer no evidence.
Criminal procedure – trial fixtures – application to break fixture – late notice and inadequate evidence – prosecutorial duty to give timely, documented reasons; court’s case management to prevent unnecessary jury attendance and protect courtroom time.
 11 March 2010