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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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August 2016
Strategic Environmental Technologies Ltd v Temple Financial Group Ltd and Another (CL 61 of 2015) [2016] TCASC 18 (15 August 2016)
Security for costs denied where plaintiff proved realizable assets; defendants ordered to pay costs on an indemnity basis.
Companies Ordinance s82 – security for costs – applicant must show real risk of inability to meet costs; foreign shareholdings and demonstrable share redemptions may constitute realizable assets; unsupported speculative assertions of asset dissipation insufficient – indemnity costs for unfounded application.
 15 August 2016
The Crown v Kennedy (CR 31 of 2015) [2016] TCASC 14 (3 August 2016)
Judge directed acquittal where the complainant’s hostile testimony left no realistic prospect of conviction.
Criminal law – sexual offence (unlawful carnal knowledge) – complainant as hostile witness – effect on prosecution’s case; Criminal procedure – nolle prosequi/cessation of prosecution under section 70 CPA; Criminal procedure – judge‑directed acquittal where no realistic prospect of conviction; Bail procedure – requirement to file bail application where court lacks necessary files on other charges.
 3 August 2016