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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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August 2012
Arthur v The Attorney General of the Turks&Caicos Islands (Turks and Caicos Islands) (Rev 1) (JCPC 74 of 2011) [2012] UKPC 30 (16 August 2012)
The RLO does not bar constructive-trust claims for knowing receipt where a registered transferee acted in bad faith.
Land registration (Torrens) – Registered Land Ordinance – proviso (i) s23 – sections 38(2) & 122(3) – knowing receipt/constructive trust – equitable fraud/bad faith – rectification (s140) – indefeasibility exception.
 16 August 2012