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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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May 2010
In Re: Thompson ex Parte (CL 26 of 2010) [2010] TCASC 10 (10 May 2010)
Leave for judicial review of a committal was refused; committal proper and fitness-to-plead issues belong to trial court.
* Criminal procedure – committal hearings – preliminary inquiry not a trial – ss.16 and 50 Criminal Procedure Ordinance inapplicable at committal stage. * Fitness to plead/insanity – psychiatric evidence before magistrate does not automatically invalidate committal; trial court to decide plea/insanity at or before arraignment. * Judicial review – leave refused where proper remedy is determination at trial stage; application must properly plead and support constitutional claims.
 10 May 2010
Goldman v Twa Marcelin Wolf and Others (CL 5 of 2010) [2010] TCASC 4 (4 May 2010)
The court struck out the plaintiff’s action for lack of standing and awarded costs to all defendants.
* Civil procedure – striking out – lack of standing to sue alone where plaintiff is not sole owner/shareholder – abuse of court process. * Civil procedure – pleadings – no cause of action as separate basis for strike out against some defendants. * Costs – where strike out disposes of whole action, defendants entitled to costs including where success was on the standing ground. * Correction of court’s costs order where original wording was inconsistent with findings.
 4 May 2010
In Re: Arthur v Morris (CL 37 of 2010) [2010] TCASC 11 (4 May 2010)
An out‑of‑time judicial review seeking an oral preliminary inquiry was refused due to inordinate delay, unpaid fees, and abuse of process.
* Judicial review — leave to apply — time limit — Order 53 r 4(1) — promptness and three‑month rule * Filing requirements — payment of filing fee as condition to proper filing * Abuse of process — inordinate delay and lack of diligence * Prejudice — potential prejudice to prosecution (witness memory) from delay * Committal challenges — sufficiency of evidence at committal may be addressed at trial
 4 May 2010