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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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5 judgments
Citation
Judgment date
December 2012
The Queen on the application of McAllister Hanchell and Ors. v The Registrar of the Supreme Court (CL 193 of 2012) [2012] TCASC 4 (14 December 2012)
The Registrar, not the Chief Justice, determines legal-aid fee mechanisms; the Registrar's fees decision was lawful and reasonable.
Administrative law – judicial review – illegality, irrationality and procedural impropriety – standard Wednesbury review. Constitutional/criminal procedure – right to legal representation at public expense – distinction between grant of legal aid and determination of fee mechanism. Court administration – Legal Aid Rules 1999 – Rule 3 (grant of legal aid) v Rule 5 (Registrar sets fees) – Registrar's discretion to establish fee scheme. Interpretation – advisory notes by Chief Justice do not amount to binding directions or orders where Rules delegate fee-setting to the Registrar.
 14 December 2012
July 2012
Windsong Development Ltd. v Driscoll (CL 108 of 2007) [2012] TCASC 2 (16 July 2012)
Defendant obtains summary judgment: registered restrictive agreement declared a forgery and removed from the land register.
Registered land – Restrictive agreement – Validity and registration – s.94 RLO: registration not conclusive; court may look behind the register to test execution and validity. Forgery – Signatures on restrictive covenant – Document expert evidence held decisive. Civil procedure – Summary judgment – Appropriate where no real or bona fide defence exists despite allegations of fraud. Burden of proof and credibility – Unchallenged expert and vendor affidavits sufficient to dispose without trial.
 16 July 2012
March 2012
R v Louis Rigby and Martin Valmera (CL-APM 19 of 2011) [2012] TCASC 6 (12 March 2012)
Convictions quashed because sand was taken outside the statutory "coast," which must be narrowly construed.
Coast Protection Ordinance – definition of "coast" – statutory construction – "land bordering on the sea" confined to seashore/beach margin (low water mark to vegetation line); penal statute construed narrowly; appellate court cannot substitute findings of fact where trial judge made none.
 12 March 2012
Henry Clark v British Caribbean Bank (CL 210 of 2010) [2012] TCASC 7 (5 March 2012)
Civil Remedies
 5 March 2012
January 2012
The Attorney General v Emerald Cay Ltd. and Others (CL 192 of 2010) [2012] TCASC 1 (30 January 2012)
Fraudulent understatement of transaction value attracts full stamp duty, interest and a statutory fourfold penalty against the respondent.
Stamp duty — classification of fixtures and chattels — application of Megarry & Wade test — valuation evidence — fraudulent understatement of transaction value — purposive construction of Stamp Duty Ordinance section 8 — fourfold penalty and interest.
 30 January 2012