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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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April 2024
Meralien Merlin v R; Alexis Georges v R (CR-APM 02 of 2023; CR-APM 03 of 2023) [2024] TCASC 19 (30 April 2024)
Special measures for a vulnerable witness and the magistrate’s factual findings were lawful; convictions upheld on appeal.
Vulnerable Witnesses Ordinance – special measures for witnesses fearing harm; remote evidence by video link; fairness and safeguards for cross‑examination; appellate restraint on interfering with trial findings and inferences; sufficiency of evidence and no‑case submissions.
 30 April 2024
IMO A Referral from the Labour Tribunal by way of Case Stated Pursuant to Section 98 of The Employment Ordinance (Cap. 19.08) (Patrick Eugene v International Transfer Company Ltd.) (CL 35 of 2023) [2024] TCASC 15 (10 April 2024)
The Labour Tribunal is functus officio after issuing an award; enforcement lies with the award beneficiary, not the Tribunal.
Labour law – Enforcement of Labour Tribunal awards – Whether the Tribunal may enforce its own awards or require payment into its office – Tribunal held functus officio once decision delivered; enforcement lies with the award beneficiary. Civil procedure – Enforcement mechanisms – Tribunal awards enforceable "as though" Supreme Court orders under s.93(5) and recoverable as civil debts under s.100(2), but require proper enforcement proceedings. Procedural lacuna – Lack of clear jurisdiction for stays pending appeal; call for legislative reform.
 10 April 2024
Timothy Haymon and Richard Sankar -v- (1) Derek Been (in his capacity as Director of Immigration) (2) The Attorney General of the Turks and Caicos Islands (CL 88 of 21) [2024] TCASC 14 (8 April 2024)
Plaintiffs partially succeeded constitutionally; defendants ordered to pay 50% of costs; both parties granted leave to appeal.
Costs — party and party costs; partial success on constitutional claims — reduction of costs; costs follow the event unless justice requires otherwise; weight of conduct (excessive authorities, non-compliant skeletons) in assessing costs; pre-action correspondence and its limited effect; leave to appeal costs decision.
 8 April 2024