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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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July 2021
IMO Regent Grand Mgmt Ltd. (In Liquidation) and IMO Application of Tim Prudhoe as Liquidator of Regent Grand Mgmt Ltd. AND (2) Kajeepan, Paintamilkavalan and Ors v. The Director of Immigration Derek Been, Min. of Border Control Hon. Vaden Delroy Williams and The Attorney General (CL 86 of 2019; CL 8 of 2021) [2021] TCASC 20 (23 July 2021)
Court held conditional fee agreements permissible in TCI when not champertous and when safeguards ensure fairness.
Contingency/conditional fee agreements — maintenance and champerty — public policy — liquidator’s discretion in insolvency — access to justice for indigent litigants — reliance on Thai Trading, Sibthorpe and Privy Council obiter — safeguards: court‑approved tariffs and taxation by Registrar.
 23 July 2021
Regina v Lorenzo Caesar (CR 34 of 2020) [2021] TCASC 21 (22 July 2021)
Photographic identification excluded due to cumulative procedural breaches creating an unfair and suspicious identification.
Criminal law – Identification evidence – photographic identification – compliance with PACE Code D and police guidance; risk of unfairness from procedural breaches. Evidence – exclusion where cumulative breaches (lost notes, random photo selection, non‑similar photos) give rise to suspicion and miscarriage of justice. Recognition evidence – prior familiarity insufficient to cure tainted identification procedure.
 22 July 2021