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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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Citation	Judgment date
January 2010
Capron v Government of Turks&Caicos Islands and Anor. (JCPC 30 of 2009) [2010] UKPC 2 (21 January 2010) Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed. Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements. Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey).	21 January 2010

Citation

Judgment date

January 2010

Capron v Government of Turks&Caicos Islands and Anor. (JCPC 30 of 2009) [2010] UKPC 2 (21 January 2010)

Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed.

Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements. Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey).

21 January 2010