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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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September 2023
Duncanson & Co (Beryn Duncanson DBA) -v- East Wind Development Company Ltd and ors (2) Beryn Duncanson ( Duncanson & Co DBA)-v- The Registrar of Lands and ors. (CL 150 of 2022; CL 97 of 2022) [2023] TCASC 82 (28 September 2023)
A speculative, late recusal application re‑litigating decided issues was dismissed as abuse of process and indemnity costs awarded.
Judicial recusal – apparent bias test (Porter/Locabail) – speculative allegations insufficient for recusal. Judicial disclosure – Resolution Chemicals: disclosure required only where prima facie bias shown. Abuse of process / duplicative litigation – abuse where motion re‑litigates already decided issues and is strategically timed to delay. Costs – indemnity costs appropriate where claimant’s conduct is unreasonable and takes the case out of the norm.
 28 September 2023
R v Floyd Hall and ors. (CR 44/12; CR 40/12; CR 37/12; CR 38/12) [2023] TCASC 83 (25 September 2023)
Court acquitted the conspiracy charges but convicted a minister of bribery and an attorney of money‑laundering.
Criminal law – Conspiracy to defraud – agreement, dishonesty and proprietary loss – circumstantial proof and ‘umbrella’ agreement required; Crown land allocations – corporate vehicles and ‘flipping’ lawful unless dishonesty proved; Bribery – payment timing/circumstances may establish corrupt inducement to influence official acts; Money‑laundering (POCO 1998) – attorney’s handling of funds, use of fictitious ledgers/off‑record accounts and objective reasonable‑suspicion test establish concealing/disguising proceeds.
 25 September 2023
R v Michael Allan Grim (CR 38 of 2023) [2023] TCASC 81 (18 September 2023)
Court found exceptional circumstances and imposed eight months' imprisonment despite statutory twelve-year minimum.
Firearms law – possession of ammunition – statutory mandatory minimum (12–15 years) – s.30 discretion for "exceptional circumstances". Pleas – requirement that a guilty plea be unambiguous and not amount to a substantive defence (Lewis). Sentencing – holistic assessment of offender and offence; mitigation (lawful acquisition, no criminal intent, cooperation, good character) v aggravation (negligence, failure to declare). Sentence at large where exceptional circumstances found – methodology for starting point, adjustments and plea discount.
 18 September 2023
Bernard Herman Van Bilderbeek -v- (1) Paul Dempsey (practising as Dempsey & Co. (a firm)) (2) Fitzroy Holdings Ltd. (3) Janice Elizabeth Mateja (4) The Registrar of Lands (CL 167 of 2022) [2023] TCASC 78 (7 September 2023)
Solicitor’s failure to register a 2007 conveyance constituted professional negligence; plaintiff declared true proprietor and may apply for registration under s.121 RLO.
Conveyancing and professional negligence — failure to register purchased land; apparent fraudulent instruments lodged at Land Registry; entitlement to rectification and registration under s.121 Registered Land Ordinance; damages for solicitor’s negligence; Registrar’s role and restriction on title.
 7 September 2023
Mylande Alfred -v- Vans Autos Ltd (CL 41 of 2022) [2023] TCASC 79 (7 September 2023)
Seller validly terminated an extended payment agreement; forfeiture clause enforceable and purchaser’s caution ordered removed.
Contract construction – extended payment agreement – whether approved plans/consents are ‘necessary to close’ – penalty doctrine v forfeiture: clause for retention of instalments is a forfeiture clause, not a penalty – relief from forfeiture requires fraud, sharp practice or unconscionability – registration and removal of caution under Registered Land Ordinance s.129(1).
 7 September 2023