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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
Citation
Judgment date
March 2018
Crown v Tito A.R. Reyes and Anor. (CR 41 of 2017) [2018] TCASC 21 (27 March 2018)
Early guilty pleas mitigated sentence but six years' concurrent custody ordered for premeditated robbery; immigration charges result in deportation.
Criminal law – Robbery – Premeditated entry by roof, possession of weapon and large amount of stolen cash – aggravation v mitigation – early guilty plea and remand credit – concurrent six-year custodial sentence; immigration offence disposed by deportation.
 27 March 2018
Sean Rodgers v Nyoshi Natsha Rodgers v Scotia Bank ( Turks and Caicos Islands) LTD. (CL 227 of 2012) [2018] TCASC 1 (19 March 2018)
Court dismissed borrower’s breach and estoppel claims; lender’s suspension of drawdowns justified by cost discrepancies and lack of borrower funds.
Contract law – construction loan – whether lender’s suspension of drawdowns amounted to breach where independent valuations showed cost overruns exceeding remaining funds
Estoppel – waiver by estoppel and promissory estoppel – requirement of unequivocal representation and detrimental reliance not satisfied
Equity – promissory estoppel requires a clear promise, intended reliance and detriment
Remedies – lender entitled to protect its security where borrower cannot demonstrate personal resources to complete project
Interest – construction of charge/agreement and notice requirements reserved for separate enforcement proceedings
 19 March 2018