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
Citation
Judgment date
July 2010
Failure to hold an identification parade and inadequate judicial warnings made dock identifications unsafe, so conviction was quashed.
Criminal law – Identification evidence – Dock identification without prior identification parade – Necessity for parade where complainant gave no name/adequate description – Duty to give specific warnings about dangers of dock identification and potential advantage of an inconclusive parade – Failure may render conviction unsafe.
29 July 2010
Allegations that defendants procured breach by diverting sale proceeds were sufficiently pleaded; strike-out application dismissed.
Civil procedure – strike out under Order 18 r 19 – no reasonable cause of action; Tort – inducing breach of contract – elements: knowledge, intention to procure (targeting/aimed at), breach and damage; Pleading sufficiency – need for particulars but triable issue where facts permit inference of intent; Disposal of assets/sale proceeds alleged to procure breach; Abuse of process considerations.
6 July 2010