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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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3 judgments
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July 2017
Cinar Corporation v Lochaven Financial Ltd. and Others (CL 146 of 2016) [2017] TCASC 13 (26 July 2017)
Applicant must indemnify innocent third parties for compliance costs, but adversarial challenges attract reduced cost recovery.
Norwich Pharmacal/disclosure orders; preservation orders; costs of innocent third parties; application of Totalise principles to preservation orders; limits where third party takes adversarial stance; trustees' indemnity for unsuccessful jurisdictional challenges.
 26 July 2017
In Re: The Trust Ordinance 1990; Kins and Another v Best and Another (CL 112 of 2014) [2017] TCASC 8 (17 July 2017)
The Declaration created no valid TCI trust: no legal transfer occurred and no beneficiaries were identified.
Trusts — validity and constitution — requirement of legal transfer of trust property to trustee; unincorporated entity cannot hold legal title — beneficiary principle — private trust void if no ascertainable human beneficiaries — estoppel not to preclude preliminary judicial determination of trust validity.
 17 July 2017
In Re: Minor Child K; Hokoura v Carey (CL 96 of 2017) [2017] TCASC 4 (14 July 2017)
Ex parte wardship granted where respondent’s secret removal of the child abroad constituted abduction, justifying return proceedings.
Wardship — Child removal from jurisdiction — Surreptitious obtaining of passport and secret departure — Conduct comparable to parental abduction — Ex parte relief justified to protect child’s welfare — Return proceedings permissible.
 14 July 2017