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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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September 2021
Moin Alhashash v Derek Been, Director of Immigration and Anor. (CL 31 of 2021) [2021] TCASC 24 (21 September 2021)
Detention after conviction lacked statutory basis but a short grace period and release conditions were lawful; habeas corpus dismissed.
Immigration law – detention pending deportation – limits of power to detain (Hardial Singh principles). Grace period – brief reasonable period permitted to arrange release (Algeria v Secretary of State). Lawfulness of conditions on release – when conditions constitute appropriate safeguards versus unlawful restraints on liberty. Habeas corpus – remedy for unlawful detention and post-detention restraints
 21 September 2021
S W Enterprises Ltd. v The Propriet Ors. Strata Plan No. 67 (CL 98 of 2020) [2021] TCASC 23 (10 September 2021)
Court allows amendments: boundary under Strata Titles Ordinance is centre line unless strata plan otherwise specifies.
Strata law – Interpretation of Strata Titles Ordinance s.7(1)(c)(ii) and s.7(3) – boundary between strata lot and common property is centre line unless strata plan specifies otherwise
Pleadings – Amendment under O.20 r.5 and r.10 – amendments permitted unless immaterial, useless or causing injustice; amendments that raise triable factual issues should be decided on evidence at trial
Evidence – Surveyor assertions about plan boundaries cannot displace plain statutory/plan interpretation on interlocutory application
 10 September 2021