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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12 judgments

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12 judgments

Citation	Judgment date
November 2015
The Crown v Mathurin (CR 86 of 2013) [2015] TCASC 4 (12 November 2015) Magistrate must determine mode of trial for either‑way offences after full representations; accused has no automatic right to elect jury trial. Criminal procedure – Mode of trial for either‑way offences – No automatic right of election to jury trial under current TCI law – Magistrate’s duty to hear representations, advise accused of sentencing powers and record/certify determinations – Improper MOT requires remittal to Magistrates’ Court.	12 November 2015
In the Matter of an Application by David John Phillips QC to be admitted as an Attorney of the Turks and Caicos Islands (CL 50 of 2015) [2015] TCASC 11 (9 November 2015) Applicant admitted: residency requirement met and prior Crown engagements did not trigger Donegan restriction. Legal profession – Admission – Whether applicant is ordinarily resident for admission purposes – Residency assessed by employment, work permit and established residence. Legal profession – Former Crown engagements – Application of the Donegan rule and whether ad hoc pro hac vice instructions amount to holding legal office with the Crown. Confidentiality – Whether confidential Crown information was acquired during engagements and disqualifies admission. Procedural – Unproven allegations and absence of complaints to relevant authorities cannot defeat an otherwise proper application.	9 November 2015
October 2015
Elliott v Royal Bay Resort and Villas (CL 150 of 2008) [2015] TCASC 1 (15 October 2015) Court retains inherent jurisdiction to award wasted costs where counsel’s conduct amounts to serious dereliction or gross negligence. Wasted costs — inherent/common law jurisdiction to order wasted costs survives omission of Order 62 r 11 from Civil Rules — standard from Myers v Elman: "serious dereliction of duty" or "gross negligence/gross neglect" — court’s power to regulate proceedings and indemnify injured parties.	15 October 2015
August 2015
In Re: Misick v The Director of Public Prosecutions and Another (CL 120 of 2015) [2015] TCASC 6 (5 August 2015) Court dismissed applicant's constitutional challenges to court establishment, ad hoc judge appointment, jury abolition, and specialty doctrine claims. Constitutional law – validity of court and judicial appointment – ad hoc judge appointments constitutional if made per constitutional procedure and guaranteeing independence; Criminal procedure – Trials Without A Jury Ordinance 2010 – not contrary to right to fair trial or equality provisions; Extradition/specialty doctrine – permissibility of additional charges depends on whether they arise from same facts and are extraditable; forum for specialty objections is the trial court.	5 August 2015
July 2015
Rex v Malcolm (CR 4 of 2015) [2015] TCASC 9 (31 July 2015) Defendant guilty plea to handling stolen goods; court imposed two-year probation due to recovery of property, cooperation, and mitigation. Criminal law — Handling stolen goods — Change of plea and sentencing in absence of DPP representative — Consideration of seriousness versus mitigation (recovery of property, cooperation, employment, remand time) — Probation as non-custodial sentence — Conditions and warnings.	31 July 2015
Been and Another v Regina (CR-ADM 2 of 2014) [2015] TCASC 7 (7 July 2015) Convictions for vessel‑related marine pollution affirmed; fines reduced for sentencing irregularity caused by reliance on unsworn evidence. Criminal law – appeal – no‑case submission – application of Galbraith test; credibility and factual findings for trial judge. Evidence – reception by video link – within court's discretion where legislation permits. Procedure – impropriety in sentencing where unsworn evidence from gallery considered; requirement for means enquiry. Environmental law – offences for depositing oil/offensive substances on coast and discharging oil/noxious substances into marine environment.	7 July 2015
June 2015
Meridian Mortgage Corporation Ltd v Gilbert Fitzroy Selver (CL 10 of 2012) [2015] TCASC 12 (16 June 2015) Court enforces mortgage power of sale; the respondent’s repayment claims are rejected and the land ordered sold by private treaty. Registered Land Ordinance s.77 – enforcement of mortgage power of sale (clause 9(d)) – private treaty sale. Credibility and evidential burden – borrower’s unsubstantiated repayment claims rejected where creditor’s accounting records are intact. Application of sale remedy where secured debt remains outstanding and proceeds from sales were not applied to loan.	16 June 2015
May 2015
The Queen v Commissioner of Labour and Ors., ex parte Sampath (CL 266 of 2014) [2015] TCASC 14 (13 May 2015) Labour Clearance refusal void for unlawful delegation; immigration entry restriction unlawful for failing to consider family ties and property ownership. • Immigration/Employment law – Labour Clearance – Regulation 19 vests decision in Labour Commissioner; unlawful delegation to inspector renders decision void. • Administrative law – procedural impropriety and irrationality – taking irrelevant considerations (unverified suspicions) and failing to consider relevant matters (absence of Belonger applicants; family ties; property ownership) renders decisions unlawful. • Constitutional/ECHR – family life (s.9/Art.8): restriction of entry may be justified by immigration control, but decision-makers must consider family and other legitimate reasons for frequent visits. • Judicial review – availability notwithstanding statutory appeal where challenge is to lawfulness of process (exceptional circumstances).	13 May 2015
April 2015
Queen v Governor, Turks and Caicos Islands and Anor. (CL 14 of 2015) [2015] TCASC 15 (14 April 2015) Section 77(5) permits term appointments regardless of age; section 85 does not bar re-appointment for a fixed term. Constitutional law — Appointment of judges — s77(5) power to appoint for specified terms regardless of age — s85 retirement provisions do not limit s77(5) — Re-appointment of judges who have reached retiring age — Distinguishing Felipa v Canada.	14 April 2015
March 2015
Brown v Brown (CL 161 of 2010) [2015] TCASC 2 (13 March 2015) Court lacks jurisdiction to order sale of jointly held land or grant right of first refusal absent applicable statute. Property law – joint tenancy – court has no inherent jurisdiction to order sale of jointly held registered land or to compel one joint owner to sell to another. Partition Act (1697) received into local law limits relief to partition (no sale power). Matrimonial Causes Ordinance 2012 s.30(2) enables sale/right of offer but not applicable to these proceedings. Registered Land Ordinance ss.103–104 provide Registrar’s power to order sale following partition or where partition is impracticable.	13 March 2015
February 2015
Attorney General v Clyde Bradley Robinson and Anor. (CL 178 of 2010) [2015] TCASC 16 (3 February 2015) Court granted Crown an extension to appeal despite unexplained delay, finding no relevant prejudice to respondents. Procedure – extension of time to appeal – Supreme Court jurisdiction to enlarge time – Van Stillevoldt factors (length of delay; reasons; prospects of success; prejudice) – unexplained delay but no relevant prejudice – extension granted – costs against Crown.	3 February 2015
January 2015
The Honourable Attorney General v M&A Services Ltd (CL 155 of 2013) [2015] TCASC 13 (21 January 2015) Property Law	21 January 2015