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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21 judgments
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21 judgments
Citation
Judgment date
April 2026
Applicant ordered to pay respondent's and interested party's costs on standard basis; indemnity and wasted-costs refused.
Judicial review — costs — costs follow the event — public interest exception — indemnity costs threshold — offer to discontinue — second set of costs for interested party — wasted costs against solicitor (serious dereliction required)
2 April 2026
March 2026
Court found a common-law relationship ending 1 March 2016; separation agreement did not revoke the deceased’s 2005 will.
Conflict of laws; family law – common-law partnership – existence and valuation date of separation (Molodowich factors) – effect of separation agreement on testamentary dispositions – necessity of specific language to revoke a will – rectification principles – probate laches in contentious probate
27 March 2026
Whether substituted service under s151(d) suffices and if private-treaty sale may proceed without a prior auction.
Registered Land Act – service of Section 72 notice – section 151(d) display and Gazette publication as substituted service – requirement to show impossibility of personal or registered-post service – variation under s77 to permit sale by private treaty – requirement of unsuccessful public auction where charge so provides.
27 March 2026
Seller converted a sold vehicle by disposing of it, giving the buyer a claim for damages despite title transfer.
Sale of goods — private sale — formation and passing of title; Road Traffic Act registration administrative only — not prerequisite to legal title; caveat emptor applies to private sales absent express warranties; involuntary bailment and conversion — seller's duty to act reasonably; measure of damages — value in unrepaired state.
11 March 2026
Late Crown disclosure did not justify a stay, but key spreadsheet/expert evidence was excluded for prejudicial late disclosure.
Criminal procedure — Disclosure obligations and production orders — Mid-trial disclosure and evidential evolution — Abuse of process (stay) — Exclusion of evidence as sanction under Rule 79(7) — Expert/spreadsheet evidence — Prejudice vs probative value.
6 March 2026
February 2026
Arrest was lawful under police/common law powers; plaintiff entitled to damages only for unlawful detention from 8 to 10 August 2022.
Criminal and civil procedure – arrest without warrant – applicability of s22(3) of Domestic Violence Act; Police Force Act and common law power to arrest for breach of the peace; false imprisonment – burden to justify continued detention; use of force – taser allegations unpleaded; costs reduction for unjustified detention delay.
27 February 2026
27 February 2026
A wholly successful defendant is ordinarily entitled to costs; issue-based apportionment and a stay of taxation were refused.
Civil procedure – costs – general rule that costs follow the event – issue-based costs orders – when discrete issues justify apportionment – dishonest assistance claim – interdependence of elements – equitable defences – stay of taxation pending appeal.
19 February 2026
Supreme Court dismissed enforcement application: Magistrate likely had jurisdiction, but Supreme Court lacks statutory power to enforce eviction orders.
Civil procedure; jurisdiction—Magistrate's jurisdiction to grant possession orders under Registered Land Act s.157; meaning of 'value of the subject matter' as leasehold interest; periodic tenancy valuation; Supreme Court lacks statutory power to enforce Magistrate possession orders.
16 February 2026
An 18‑year‑old convicted of penetrative sexual activity with a 13‑year‑old sentenced to four years' imprisonment per count, concurrent.
Sexual Offences Act s11 – sexual activity with a child – penetrative acts; application of UK Sentencing Guidelines (s9 UK Act) in absence of local guidelines; Category 1A (penetration) – grooming, planning, abuse of trust, age disparity – uplifted sentence; mitigation (youth, good character, remorse); one‑third guilty plea discount; concurrent sentences; remand credit; mandated assessment and rehabilitative measures.
12 February 2026
Court convicted a former premier, a minister and a lawyer of bribery and concealing criminal proceeds based on compelling circumstantial evidence.
Criminal law — Bribery at common law — Public officers’ fiduciary duty — Circumstantial evidence and inferences — Proceeds of Crime — Concealment/disguise through lawyer’s client accounts and corporate vehicles — Mens rea: ‘knowledge or reasonable grounds to suspect’ (1998 Ordinance) vs ‘knows or suspects’ (2007 Act) — Amendment of indictment allowed where no injustice.
4 February 2026
Presumption of regularity upheld; security for costs refused; plaintiff granted specific discovery of sale proceeds documents.
Registered Land — Second Charge — Presumption of regularity of land registration; Security for costs — non‑resident plaintiff; Crabtree principle — co‑extensive claim and counterclaim; Specific discovery — Order 24 r.7 — documents relating to sale proceeds.
3 February 2026
January 2026
Whether the NIB Tribunal must give reasons and may consider unfair dismissal findings when denying unemployment benefit.
Administrative law — entitlement to reasons — National Insurance Appeal Tribunal — unemployment benefit Regulation 34F(1)(d) — interaction with Labour Tribunal findings on unfair dismissal — leave to appeal — ‘realistic prospect’ test for grant of leave.
26 January 2026
Costs awarded to the plaintiff; leave to appeal strike‑out granted and execution stayed pending appeal.
Civil procedure — strike‑out of defence and counterclaim — interlocutory order — leave to appeal required — test of real (not fanciful) prospect of success — costs follow the event — stay pending appeal — balance of harm/convenience.
23 January 2026
Mandamus refused: court will not compel issuance of refugee travel documents where no domestic statutory duty exists.
Refugee law — Convention travel documents (Article 28) — Contracting State responsibility (United Kingdom) — Domestic implementation requires local legislation — Mandamus discretionary; cannot compel non-existent statutory duty — Constitutional freedom of movement does not itself create duty to issue travel documents.
20 January 2026
Assessment of damages for permanent right-sided hemiplegia after default judgment, awarding general, past/future earnings and care costs.
Personal injury—workplace accident—traumatic brain injury with right-sided hemiplegia—default judgment—acceptance of treating physician’s uncontradicted evidence—assessment of general damages using Judicial College Guidelines—loss of earnings and future care assessed by Ogden tables—interest at 6% per annum.
16 January 2026
Default judgment set aside where defendant showed meritorious triable issues and an adequate explanation for delay.
Civil procedure — Setting aside default judgment (Order 19 r.9) — Affidavit of merits — Real triable issues: causation, negligence, contributory negligence, waiver/volenti — Explanation for delay — Balancing prejudice and justice.
16 January 2026
Whether summary judgment lies against the Crown and whether a Tomlin‑order life interest overrides a chargee’s statutory sale.
Registered Land Act – interaction of chargee’s power of sale (s.75), cautions (ss.127–129) and overriding interests (s.28(g)); indefeasibility (s.23); procedural duties of Registrar; summary judgment – prohibition against summary disposals against the Crown (Order 77 r.7/Crown Proceedings Act); triable issues of statutory construction.
16 January 2026
Leave to appeal granted on whether dishonest-assistance claim is time-barred and arises from substantially same facts as original claim.
Civil procedure – amendment of pleadings – Order 20 r.5(1),(2),(5) – adding new cause of action – requirement that new cause arise out of same or substantially same facts – limitation periods – Trusts Act s69(1),(2) and s70 (constructive trusts) – whether dishonest assister is a 'trustee' for limitation purposes – leave to appeal standard (real prospect of success).
14 January 2026
An uncorroborated nickname-based dying declaration and unchallenged alibi leave the applicant with no case to answer.
Criminal law – murder – no case to answer – Galbraith test – identification by nickname/dying declaration – hearsay weight – requirement for corroboration – unchallenged alibi.
12 January 2026
Plaintiffs failed to prove a 1968 partnership; claim dismissed and costs awarded.
Partnership law – existence of partnership – requirement of business carried on by two or more persons with a view to profit – dormant partners recognised but must be proven – insufficiency of isolated payments and late hearsay evidence to establish partnership – Crown land cannot be acquired by prescription.
8 January 2026