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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22 judgments
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22 judgments
Citation
Judgment date
December 2019
Civil Procedure
16 December 2019
November 2019
28 November 2019
Banking
26 November 2019
Foreign liquidators recognised by this Court are not subject to domestic insolvency practitioner licensing; removal of one did not terminate recognition.
Insolvency — Recognition of foreign insolvency office‑holders — Whether foreign joint official liquidators recognised by domestic court are "insolvency practitioners" under local Insolvency Ordinance licensing regime — Modified universalism and comity — Effect of removal of one joint appointee by appointing foreign court on domestic recognition.
26 November 2019
5 November 2019
October 2019
25 October 2019
Civil Remedies
18 October 2019
August 2019
30 August 2019
Criminal law
30 August 2019
Criminal law
16 August 2019
Civil Procedure
14 August 2019
A no-case finding where identification and GSR evidence failed to prove intent to kill beyond reasonable doubt.
Criminal law – Murder – specific intent to kill; No case to answer – application of R v Galbraith; Identification evidence – recognition and its limits; Forensic evidence – GSR inconclusive and insufficient to link accused to firing a weapon; Circumstantial evidence insufficient to ground conviction.
7 August 2019
Uttering forged documents by an Immigration employee constituted aggravated breach of trust; limited confiscation ordered and two-year custody imposed.
Criminal law – Uttering forged documents – breach of trust by public servant – multi-victim fraud against vulnerable migrants. Confiscation – Proceeds of Crime Ordinance – realizable sum confiscated where only limited funds recoverable. Sentencing – custody threshold crossed; limited weight to mitigation where offending was prolonged, planned and exploitative.
6 August 2019
July 2019
31 July 2019
Criminal law
7 July 2019
June 2019
Costs
21 June 2019
May 2019
Civil Remedies
10 May 2019
April 2019
Bail pending appeal refused: procedural defect in DNA sampling and trial counsel omissions do not show strong chance of success.
Criminal law – bail pending appeal – ineffective assistance of counsel – challenge to DNA evidence obtained after arrest – written consent procedural irregularity does not automatically render DNA evidence inadmissible under local statute; new medical evidence of scar’s cause may be insufficiently probative to undermine DNA-based conviction.
29 April 2019
March 2019
Court discharged charging order where default-judgment creditor knew company could not defend, risking prejudice to shareholder-creditor.
Company law – enforcement of judgment against company asset by charging order – discretion to make charging order absolute – consideration of prejudice to other creditors – effect of shareholders’ agreement preventing company from instructing solicitors – disputed debt and competing valuations – just and equitable winding up as alternative remedy.
7 March 2019
7 March 2019
February 2019
Criminal law
25 February 2019
January 2019
25 January 2019