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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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1 judgment

Citation	Judgment date
October 2017
Silly Creek Estate and Marina Co. Ltd. v The Attorney General of TCI (CL 122 of 2014) [2017] TCASC 9 (18 October 2017) Lease promises to permit private commercial development within a national park were invalid; the Crown cannot fetter future statutory discretion. National parks – scope of permissible development under National Parks Ordinance; Crown contracts – inability to fetter future executive/statutory discretion; invalidity of contractual promises to grant statutorily regulated development permission; requirement of statutory process to alter park boundaries; remedies where contractual promise procures an unlawful development.	18 October 2017

Citation

Judgment date

October 2017

Silly Creek Estate and Marina Co. Ltd. v The Attorney General of TCI (CL 122 of 2014) [2017] TCASC 9 (18 October 2017)

Lease promises to permit private commercial development within a national park were invalid; the Crown cannot fetter future statutory discretion.

National parks – scope of permissible development under National Parks Ordinance; Crown contracts – inability to fetter future executive/statutory discretion; invalidity of contractual promises to grant statutorily regulated development permission; requirement of statutory process to alter park boundaries; remedies where contractual promise procures an unlawful development.

18 October 2017