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Judicial Committee of the Privy Council

This is the final court of appeal for the Turks and Caicos Islands.

To take an appeal to the Privy Council, the appellant must have been granted leave by the Court of Appeal whose decision is being appealed. In the absence of leave, permission to appeal must be granted by the Privy Council. In some cases, there is an appeal as of right and a slightly different procedure applies.

The Privy Council also has the jurisdiction, under section 85(6) of the Constitution to consider a request of the Governor under s 85(7) of the Constitution to remove a judge or Magistrate from office.

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2 judgments
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June 2004
Kellar and Anor. v Williams (Turks and Caicos Islands) (Privy Council Appeal 13 of 2003) [2004] UKPC 30 (24 June 2004)
Taxation of solicitor’s bills allowed on quantum meruit; conditional fee agreement not proved and variation permissible but elective to paying party.
Costs — taxation between party and party — implied retainer and quantum meruit — validity and effect of post‑order variation to fee arrangement — conditional fee agreements (whether proven and public policy) — taxing officer to assess hours and reasonable rates.
 24 June 2004
Kenneth L. Kellar and Carib West Limited v Stanley A. Williams (Privy Council Appeal 13 of 2003) [2004] UKPC 31 (24 June 2004)
Taxation of litigation costs may proceed on quantum meruit; alleged conditional fee agreement not proved.
Civil procedure – Costs – Taxation of solicitor's bills – quantum meruit where charging terms uncertain Contract – Implied contract for remuneration – Way v Latilla principle applied Conditional fee agreements – allegation must be proved; not established on these facts Variation of fee arrangement – substitution of calculation method and consideration Indemnity principle – recoverable costs limited to what receiving party is liable to pay, assessed reasonably
 24 June 2004