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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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February 2024
R v Cedric Simms (CR 9 of 2023) [2024] TCASC 12 (27 February 2024)
Sentencing for revenge-motivated arson; significant custodial sentence for premeditated domestic arson with victim psychological harm.
Criminal law – Arson (setting fire to dwelling with persons therein) – sentencing: assessment of culpability and harm in domestic/revenge context; general deterrence; victim psychological harm admissible via VPS; avoidance of double counting where presence of persons is elemental; remand credit.
 27 February 2024
Tipperary T&C Management Ltd and others -v- Lofton Morley (CL 173 of 2023) [2024] TCASC 9 (13 February 2024)
Freezing injunction refused for inadequate disclosure, insufficient evidence of assets and no demonstrated risk of dissipation.
Freezing injunction (Mareva) — requirements: justiciable claim, good arguable case, assets in jurisdiction, real risk of dissipation; duty of full and frank disclosure; necessity to identify specific assets/accounts; particularity of fraud allegations; corporate identity issues and improper purpose (security).
 13 February 2024
R v R (D 47 of 2023) [2024] TCASC 7 (6 February 2024)
Court granted leave to present an early divorce petition, finding exceptional hardship though no exceptional depravity.
* Family law – Divorce within specified period – Section 7(2) MCO – Exceptional hardship and exceptional depravity – provisional assessment on affidavit evidence and value judgment. * Evidence – Full and detailed affidavit material (including medical/counselling reports) required to show exceptional hardship. * Considerations – social stigma, mental health, absence of cohabitation, and lack of prospect of reconciliation relevant to exceptional hardship assessment.
 6 February 2024
R v Jacquelin Cadet (CR 2 of 2022) [2024] TCASC 11 (5 February 2024)
Section 108 bars compelling police to disclose the source of information for a search; the defendant's disclosure order was refused.
* Criminal procedure – disclosure – whether prosecution must disclose source of information leading to search authority; interplay with statutory protection for police sources (s.108 Evidence Ordinance). * Evidence – section 108 Evidence Ordinance – statutory bar on compelling police to disclose whence they obtained information about offences. * Public interest immunity – R v H principles and procedures considered but not invoked where statute bars compulsion. * Fair trial – missing or unavailable extraneous material does not automatically render trial unfair; central issue is possession and credibility.
 5 February 2024
Gule Yasmin Shah and others -v- The Parrot Cay Club and others; Najam Malik and others -v- The Parrot Cay Club and others (CL 85/21; CL 86/21) [2024] TCASC 6 (2 February 2024)
Court struck out homeowners’ association and landowner claims as abusive; ordered fuller particulars on rip currents, meteorology, and sandbar risks.
• Civil procedure – Order 18 r.19 – striking out pleadings for disclosing no reasonable cause of action or as abuse of process. • Fatal accidents – scope of liability of homeowners’ association and landowner for drowning adjacent to hotel property. • Particulars – need to particularise alleged meteorological conditions, rip/dangerous currents (distinct from tidal currents) and sandbar/geological risks; expert evidence must address pleaded particulars. • Exercise of discretion under Order 2 to permit late procedural application.
 2 February 2024