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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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6 judgments
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6 judgments
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December 2023
Somerset Resort Management Ltd -v- The Attorney General of the Turks and Caicos Islands (M 1 of 2022) [2023] TCASC 91 (21 December 2023)
Whether accommodation tax applies to owner or complimentary occupiers and whether tax arises where no charge is payable.
Tax law – Accommodation tax (Hotel, Restaurant and Tourism (Taxation) Ordinance) – Interpretation of "guest" and the effect of amendment adding "for reward or not"; tax measured by charges "paid or payable" — complimentary or owner-occupiers captured as "guests" but no tax arises absent charges; administrative assessment powers (s.27) not decided though particular averaging methodology criticized.
 21 December 2023
R v Mikhail Hinson (CR 50 of 2022) [2023] TCASC 93 (18 December 2023)
Mandatory seven-year minimum for unlawful firearm and ammunition possession upheld; personal mitigation not exceptional.
Firearms Ordinance s.3(1) – mandatory minimum seven-year sentence for unlawful possession of firearm and ammunition – exceptional circumstances threshold. Sentencing – personal mitigation (first offender, health, family) insufficient to disapply mandatory minimum absent truly exceptional circumstances. Principle of deterrence and public interest in preventing firearms circulation. Possession of small quantity of cannabis – personal use; reprimand and discharge.
 18 December 2023
IMO an Application for Leave to Apply for Judicial Review and IMO Turks and Caicos Islands Tourist Board (Dissolution) Ordinance 2023 and the Destination Management Fee Ordinance 2023 (The Queen ex parte The Hon. Edwin Astwood and Anor. v The Attorney General and ors.) (CL 115 of 2023) [2023] TCASC 96 (11 December 2023)
Leave refused: delay, non-justiciability of parliamentary acts and limited remedial powers outweigh arguable consultation concerns.
Judicial review – standing – sufficient interest to challenge public consultations affecting major public policy impacting tourism economy. Administrative law – consultation – proper and meaningful consultation when voluntarily undertaken. Constitutional/Parliamentary law – non-justiciability of internal parliamentary proceedings and Speaker’s procedural decisions; availability of parliamentary remedies (Privileges Committee). Remedies – courts cannot quash primary legislation in ordinary judicial review; declaration may be available only via constitutional challenge. Procedural bars – inordinate delay and alternative remedy as discretionary bars to granting leave.
 11 December 2023
R v Fenel Charitable (CR 3 of 2023) [2023] TCASC 94 (6 December 2023)
Acquittal where complainant’s inconsistencies and neutral medical findings created reasonable doubt on alleged penetration.
Criminal law – Sexual Offences – Rape of child under 13 – sufficiency of evidence and credibility of child complainant – inconsistencies and neutral medical evidence – reasonable doubt – acquittal.
 6 December 2023
Gailor Hunt Davis Taylor Gibbs PLLC v Matthew Bolesky (CL 46 of 2023) [2023] TCASC 89 (1 December 2023)
Substituted email service allowed to enforce a US judgment claim; service out of jurisdiction refused for insufficient evidence.
• Civil procedure – enforcement of foreign judgment – US judgment not registrable under Overseas Judgments (Reciprocal Enforcement) Ordinance (reciprocity limited to UK). • Service out of jurisdiction – Order 11 RSC – claimant must show good arguable case, applicable sub‑rule, and TCI is appropriate forum; strict evidential requirement under r.4. • Substituted service – email permitted where personal service attempts failed and email is likely to bring documents to defendant’s attention; publication denied absent evidence. • Procedure – use of ex parte summons for interlocutory applications in TCI is procedurally improper; applications should be by letter/notice with affidavit.
 1 December 2023
Queen of World Ltd v Karolina Rycardo Coelho (CL 61 of 2023) [2023] TCASC 90 (1 December 2023)
Default judgment set aside where defendant showed triable issues on contract, enforceability of restraint clause, and credible excuse for delay.
Civil procedure – Setting aside default judgment – Order 13 r 9 – discretionary exercise; merits/triable issues and explanation for default. Contract – oral versus written agreement – capacity to understand document signed in another language; unilateral variation of terms. Employment law – enforceability of restraint of trade/non-competition clause; alleged repudiatory breaches (wages, housing, airfare, safe system of work). Remedies – setting aside judgment where justice requires trial of contested factual and legal issues.
 1 December 2023