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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
March 2013
Attorney General of the Turks and Caicos Islands and Anor. v Richardson (as Trustee in bankruptcy of Yellowstone Club World LLC) (JCPC 47 of 2012) [2013] UKPC 9 (14 March 2013) Underpayment of stamp duty does not create a registrable charge and a s132 restriction entered without independent inquiry is unlawful. Registered land – Restriction (s132) – Registrar’s discretion and duties to make inquiries – Stamp duty underpayment does not create proprietary charge absent express statutory declaration (s28(e)) – Proper remedies: in personam judgment, charging order, or rectification for fraud/mistake – Invalidity of restriction entered solely on applicant’s erroneous claim.	14 March 2013

Citation

Judgment date

March 2013

Attorney General of the Turks and Caicos Islands and Anor. v Richardson (as Trustee in bankruptcy of Yellowstone Club World LLC) (JCPC 47 of 2012) [2013] UKPC 9 (14 March 2013)

Underpayment of stamp duty does not create a registrable charge and a s132 restriction entered without independent inquiry is unlawful.

Registered land – Restriction (s132) – Registrar’s discretion and duties to make inquiries – Stamp duty underpayment does not create proprietary charge absent express statutory declaration (s28(e)) – Proper remedies: in personam judgment, charging order, or rectification for fraud/mistake – Invalidity of restriction entered solely on applicant’s erroneous claim.

14 March 2013