Skip to document content Skip to main menu Skip to search

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.

Visit website
https://judicial.tc/
3 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
December 2009
Palms Resort Limited v P.P.C. Limited (Privy Council Appeal 16 of 2010) [2009] UKPC 10 (13 December 2009)
Tariff category during a hotel's first year must be provisional and adjusted once its first 12‑month consumption is established.
Electricity regulation — tariff categories defined by annual consumption — validity of retrospective rolling 12‑month assessment; provisional billing and retrospective adjustment required for a customer's first 12 months.
 13 December 2009
July 2009
New Hampshire Insurance Company v Magellan Reinsurance Company Limited (The Turks&Caicos Islands) (Privy Council Appeal 50 of 2008) [2009] UKPC 33 (15 July 2009)
Beneficiary's contractual trust rights did not make it a creditor entitled to present a winding-up petition.
Companies law – winding up petition – locus standi – creditor requirement; Reinsurance and trust arrangements – distinction between present debt and security for contingent/unearned reserves; Trust law – beneficiary withdrawal rights, equitable interest and bare trust; Petitionable debt – need for liquidated claim or entitlement to payment directly from alleged debtor.
 15 July 2009
May 2009
Swann v Attorney General (The Turks&Caicos Islands) (Privy Council Appeal 43 of 2008) [2009] UKPC 22 (21 May 2009)
A remuneration dispute based on alleged promises to a public officeholder is a private law claim, not a judicial review matter.
Judicial review – Appropriate procedure for remuneration disputes – Private law (contract/estoppel) claim versus public law remedies (legitimate expectation) – Case management discretion whether to grant leave or convert to an action – Need for pleading, discovery and oral evidence.
 21 May 2009