Skip to document content Skip to main menu Skip to search

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.

Visit website
https://judicial.tc/
12 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Attorneys
  • Alphabet
Sort by:
12 judgments
Citation
Judgment date
December 2013
Regina v Luciano and Others_Regina v Hutchinson and Others (CR 44 of 2013; CR 69 of 2013) [2013] TCASC 7 (6 December 2013)
Court may extend time to file/serve information under s2G(7) where no real prejudice to accused is shown.
Criminal Procedure Ordinance s2G — Plea and directions hearings — Failure to file/serve information — Soneji approach: statutory intent and interests of justice — extension of time under s2G(7) — prejudice test; administrative failings of the prosecution.
 6 December 2013
November 2013
Forbes v The Crown (CR-AP 13 of 2013) [2013] TCASC 6 (25 November 2013)
After conviction, bail pending appeal requires exceptional circumstances; defective notice and weak prospects meant bail was refused.
Criminal procedure – Bail pending appeal – No presumption of bail after conviction – Exceptional circumstances required (prima facie likelihood of success or sentence likely to be served) – Defective notice of appeal for failing to specify alleged misdirection/non‑direction – Alleged summing up misdirections (unanimity and good character) insufficient on material before court – Application for bail refused.
 25 November 2013
August 2013
Luciano and Others v The Crown (CR-APM 11 of 2013; CR-APM 15 of 2013; CR-APM 19 of 2013) [2013] TCASC 8 (21 August 2013)
Orders authorising biological samples are final and appealable; buccal swabs are "intimate" and appeals dismissed.
Criminal procedure — Police Force Ordinance — orders for intimate and non-intimate samples; finality of sample-taking orders and right to appeal; commencement of appeal and effect of recognizance on stay; definition of "intimate sample" includes buccal swabs; validity of affidavits sworn before presiding magistrate; orders may be made while suspect is in prison custody.
 21 August 2013
Cox v The Crown (CR-APM 3 of 2013) [2013] TCASC 4 (6 August 2013)
Appeal dismissed where original information showed required magistrate endorsements; omission from appeal bundle did not void conviction.
Magistrates' Courts Ordinance s.18 — endorsement of information — mode of trial, election, plea — appeal against conviction — completeness of appeal record — nullity of proceedings.
 6 August 2013
DEKENDRO COX –V- THE CROWN (CR-APM 8 of 2013) [2013] TCASC 5 (6 August 2013)
An appeal alleging a conviction was null for missing magistrate endorsements failed because the original information was properly endorsed.
Magistrate's Courts Ordinance s.18 – endorsement on information – mode of trial/election/plea; Strict compliance required; Appeal bundle deficiencies do not establish nullity where original record shows proper endorsements; Appellate review of original record permitted when bundle incomplete.
 6 August 2013
July 2013
Temple Mortgage Fund Limited v The Honourable Attorney General of the Turks and Caicos Islands (CL 5 of 2013) [2013] TCASC 11 (26 July 2013)
Property Law
 26 July 2013
AG v Progressive National Party and Trevor Cooke sued on behalf of The National Party (an unincorporated association) (CL 16 of 2012) [2013] TCASC 10 (12 July 2013)
An unincorporated association cannot hold land or claim proprietary estoppel where the Crown genuinely lacked knowledge of its rights; claims dismissed.
Crown land – Trespass and recovery of possession – Proprietary estoppel and unconscionability – Owner's knowledge and passive acquiescence essential for estoppel based on improvements – Unincorporated associations lack legal personality to hold land or be sued – Representative proceedings require court order and common interest.
 12 July 2013
May 2013
In Re: Reid v The Attorney General and Another (CL 68 of 2012) [2013] TCASC 1 (28 May 2013)
Applicant given opportunity to be heard; deportation recommendation and removal held lawful; application dismissed.
Immigration law – Deportation of overstayer – Adequacy of reasons and procedural fairness – Natural justice – Article 14 (protection from expulsion) – Wednesbury/irrationality not established – Detention and removal lawful under Immigration Ordinance.
 28 May 2013
LLEWELLYN CONNOLLY and ORS. v TRINIDAD AND TOBAGO UNIT TRUST CORPORATION and ORS. (CL 145 of 2011) [2013] TCASC 12 (14 May 2013)
A widely circulated press release did not, without more, create a duty of care to investors for negligent misstatement.
Negligent misstatement – duty of care – Hedley Byrne principle and assumption of responsibility – requirement of proximity and identifiable class for statements made to induce investment. Press releases and general circulation – no duty to indeterminate class; foreseeability alone insufficient. Targeted communications (letters) – scope for duty depends on purpose, identifiable addressees and pleaded reliance.
 14 May 2013
Connolly and Others v Trinidad and Tobago Unit Trust Corporation and Others (CL 145 of 2011) [2013] TCASC 2 (13 May 2013)
General press release and neutral bank letter did not create sufficient proximity or assumption of responsibility; claim struck out.
Negligent misstatement – duty of care – Hedley Byrne and Caparo – assumption of responsibility and proximity – press release as general circulation – requirement of identified person/class and pleaded reliance – strike out under Order 18 r19.
 13 May 2013
THE HONOURABLE ATTORNEY GENERAL OF THE TURKS & CAICOS ISLANDS v MERVIN NATHANIEL COX and ORS (CL-AP 2 of 2013) [2013] TCASC 13 (9 May 2013)
Abolition of hearsay applies to affidavits; interlocutory discovery materials should ordinarily be admitted and weighed at trial.
Civil Evidence – hearsay – Evidence (Special Provisions) Ordinance abolishing hearsay rule applies to affidavits used in civil proceedings. Civil Procedure – Order 41, r.5 (affidavits limited to facts of deponent’s knowledge) and r.6 (power to strike scandalous, irrelevant or oppressive matter) – r.6 remains a discretionary exclusionary rule. Norwich Pharmacal / discovery – interlocutory proceedings attract a low threshold for admitting unsourced or redacted material; weight assessed at substantive hearing. Redacted documents and inquiry report extracts – admissibility depends on relevance and fairness, not automatic exclusion as hearsay.
 9 May 2013
February 2013
AG v Holiday Resort Development Limited (CL 154 of 2001) [2013] TCASC 9 (18 February 2013)
Transfer of Crown land set aside where it was procured under mistake and a total failure of contractual consideration.
Crown land transfer – rescission for mistake and total failure of consideration; alleged variation of Head of Agreement – requirement for contemporaneous documentary evidence; valuation/certification of works – evidentiary weight where actual works differ; Crown’s relief by setting aside transfer and restoration of title.
 18 February 2013