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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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July 2023
Ascendency TCI Limited -v- Melva Olaine Williams (2) Tipperary T&C Management Ltd and Anor. -v- Eulon Stubbs; (3) Michael Saunders -v- Magalie Belliard (CL 101/22; CL 31/23; CL 70/22) [2023] TCASC 72 (31 July 2023)
Court permits substituted electronic service where likely to notify an absent defendant; refuses speculative newspaper or post-at-property service.
• Civil procedure – Substituted service – allowed only when personal service impracticable and method likely to bring notice to defendant. • Service out of jurisdiction – leave required; jurisdictional gateway and forum conveniens considered. • Alternative electronic service – email/LinkedIn/WhatsApp/Facebook may be authorised where evidence shows accounts active and likely to notify defendant. • Publication/advertisement – exceptional and only where likely to reach defendant; weak where defendant fled abroad. • Service on insurer – appropriate substituted method in road-traffic/personal-injury claims where insurer identity and prior engagement are shown. • Procedure – correct form for interlocutory applications (ex parte vs summons) emphasised.
 31 July 2023
R v Maxcene Colas (CR 35/2022) [2023] TCASC 71 (19 July 2023)
A child witness is presumptively entitled to special measures, including live-link testimony, unless such measures would not maximize evidence quality.
Vulnerable Witnesses Ordinance – child witness eligibility under s3(1)(a) and s8(1)(a) Special measures – primary rule in s8(3): live-link testimony for child witnesses (s12) Limits – s8(4)(d) and s6(3): whether measures will maximize quality and may inhibit testing Confrontation and fairness – live link, cross-examination, demeanour vs credibility considerations Case management – court directions for technological support, venue approval, and accompaniment
 19 July 2023
Ascendancy TCI Ltd -v- (1) Sean Gerald Rodgers (2) Nyoshi Natasha Rodgers (CL 147/22) [2023] TCASC 70 (12 July 2023)
Assignee of a registered charge may sell charged land where charge validly varies RLO notices and defendants are in default.
Registered Land Ordinance – enforcement of registered charge by assignee – variation of statutory notice requirements in charge – section 64/72/75/77 interplay – sale by private treaty – possession and costs from sale proceeds.
 12 July 2023
Sebastian Holdings Inc. and ors. v Sarek Holdings Ltd. and ors. (CL 78 of 2022) [2023] TCASC 69 (11 July 2023)
Leave granted to serve out of jurisdiction after finding serious issues, jurisdictional gateways met and TCI the appropriate forum.
Service out of jurisdiction – Order 11 r.1(1) and r.4 – requirements: serious issue to be tried, good arguable case, appropriate forum – jurisdictional gateways (c),(d),(j),(v) – constructive/resulting/constructive trust, breach of fiduciary duty, unjust enrichment – adequacy of affidavit evidence and pleadings.
 11 July 2023