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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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4 judgments
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4 judgments
Citation
Judgment date
October 2018
Caicos Oil Ltd v Arnold Gardiner (CL 40 of 2009) [2018] TCASC 20 (19 October 2018)
Civil Remedies
 19 October 2018
R v Livenie Ellis (SH 31 of 2018) [2018] TCASC 19 (16 October 2018)
Criminal law
 16 October 2018
Caribbean Building Materials and Services Limited v Princie Harris (CL 132 of 2008) [2018] TCASC 18 (12 October 2018)
Civil Procedure
 12 October 2018
Air and Sea Agency Limited v David McGee (CL 58 of 2016) [2018] TCASC 13 (3 October 2018)
Freight forwarder liable only for amounts due; alleged expedited‑clearance promise and duty set‑off dismissed; indemnity costs awarded.
Contract / Maritime forwarding – claim for unpaid forwarding and clearing charges; defendant paid carrier directly so freight element abandoned by plaintiff. Set‑off – alleged overpayment of customs duty due to duplicate invoice – customer responsible for providing accurate information; set‑off dismissed. Contract formation / terms – alleged oral promise to expedite clearance (48–72 hours) — no binding guarantee found; delays due to respondent's late payment and Customs inspection beyond forwarder's control. Remoteness of damage – claimed consequential losses (airfares, labour, lost income) held too remote and not recoverable. Costs – counterclaim found insincere; indemnity costs awarded for counterclaim.
 3 October 2018