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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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2 judgments
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August 2018
Veronica Penn v Attorney General (In representative capacity for the Registrar of Lands) (CL 28 of 2017) [2018] TCASC 4 (31 August 2018)
Attorney General may be sued for the Registrar; rectification under RLO s.140(1) denied absent fraud or mistake and applicant lacked standing.
Constitutional law – Crown Proceedings Ordinance s.13(1) – Attorney General may be sued in representative capacity for Crown officers; not repugnant to Constitution. Registered Land – Rectification of Register s.140(1) RLO – requires fraud or mistake; mere adjudication to Crown and existing restriction insufficient. Land Adjudication – finality where interested party fails to obtain Letters of Administration or to appeal adjudicator's decision. Title restrictions – preserve putative claims/right to be allowed by Crown but do not themselves create proprietary title. Standing – only personal representative of deceased estate may bring claim to rectify title on estate's behalf.
 31 August 2018
Regina v Jim Kelly Joseph (CR 18 of 2018) [2018] TCASC 11 (2 August 2018)
Application to vacate a clear, signed guilty plea dismissed; sentence concerns and counsel's advice do not prove involuntariness.
Criminal procedure – application to withdraw plea – whether plea equivocal or involuntary – appreciation of elements of offence – concern over sentence not equivalent to duress – onus on applicant to show justice requires vacating plea.
 2 August 2018