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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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September 2010
Pratt and Others v Tolani and Others (CL 152 of 2010) [2010] TCASC 6 (23 September 2010)
The applicant was granted leave to amend to add quantum meruit and a resulting‑trust claim as being fairly arguable despite delay.
Civil procedure – Amendment of pleadings – Order 20 and Order 15 – Leave to amend to add quantum meruit and resulting trust claims – Test whether amendment is "fairly arguable" and not futile, frivolous or in bad faith – Delay and non‑compliance with directions not fatal where prejudice can be remedied by costs.
 23 September 2010
Skippings v Regina (CR-APM 23 of 2009) [2010] TCASC 13 (2 September 2010)
Court suspended a 14‑month sentence for cannabis supply due to exceptional delay and demonstrable post-conviction rehabilitation.
Sentencing — Possession with intent to supply cannabis — Significant quantity — Application of R v Freitas guidelines — Immediate custody normally required for drug supply offences — Suspension of sentence only in exceptional circumstances — Delay in appeal and post-conviction good conduct may justify suspension.
 2 September 2010