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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