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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 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