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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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3 judgments
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January 2026
The Honourable Attorney General of the Turks and Caicos Islands v Anthony Been (CL 19 of 2020) [2026] TCASC 3 (14 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
R v Dwight Simmons (CR 9 of 2025) [2026] TCASC 2 (12 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
Ashwood Hall and Anor v Lewis Cox (CL 88 of 2012) [2026] TCASC 1 (8 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