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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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3 judgments
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3 judgments
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Judgment date
February 2021
Nemiah Missick and Danielle Missick v Nadio Outten (CL 89 of 2019) [2021] TCASC 5 (23 February 2021)
Property Law
 23 February 2021
Regina v Fuller Nathaniel (Phillip) Smith (CR 27 of 2020) [2021] TCASC 4 (22 February 2021)
Adverse publicity and COVID‑related delay justified ordering a judge‑alone trial to protect the applicant’s fair‑trial rights.
Criminal procedure – application for trial without jury under s.58 Criminal Procedure Ordinance; pre‑trial publicity (print and alleged social media) and risk of juror prejudice; constitutional right to a fair hearing within a reasonable time; COVID‑19 related delays and Practice Directions permitting judge‑alone trials; evaluative balancing of statutory factors.
 22 February 2021
Sebastian Holdings Inc. (acting by Shane Crooks and Malcolm Cohen as joint receivers) v Sarek Holdings Ltd. et al (CL 119 of 2018) [2021] TCASC 3 (10 February 2021)
Court refused to allow security in lieu of taxed costs and clarified recognition is conditional on payment of full taxed costs.
Variation of judgment — Re Barrell/Re L and B principles — whether delay in taxation justifies substitution of security for payment of taxed costs; Receivership recognition conditional on payment of taxed costs; duty of full and frank disclosure in ex parte service applications; costs allocation and apportionment where successful parties win on some but not all issues (25% reduction for applicants).
 10 February 2021