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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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June 2018
The Queen ( Ex parte Anthony Stephen Gruchot and others) v The Attorney General and Others (CL 17 of 2018) [2018] TCASC 10 (4 June 2018)
The applicants successfully challenged an unpublished blanket policy limiting work-permit renewals to one year as unlawful.
* Administrative law – Immigration – Unpublished ministerial directive – Blanket policy limiting work-permit renewals to one year – Unlawful fettering of discretion and denial of opportunity to make representations (R (Lumba) principles). * Immigration law – Work permits for skilled workers – statutory discretion under section 24/37 and Regulation 43 – decisions to be made on merits.
 4 June 2018
The Queen v The Integrity Commission Ex parte Anthony Kikivarakis as Official Liquidator TCI Bank Limited ( In Liquidation) (CL 31 of 2017) [2018] TCASC 8 (4 June 2018)
Commission lacked power to issue section 20 summons absent a formal inquiry; summons quashed; CRO protects bank records.
Integrity Commission Ordinance – section 20 summons powers limited to formal inquiries under section 46; ultra vires issuance of summons in absence of Inquiry; procedural signature requirement treated as drafting inconsistency; service abroad cannot lawfully compel attendance; Confidential Relationships Ordinance protects bank records from compelled disclosure without consent or court production order.
 4 June 2018