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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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December 2017
O'Connor (Senior) and Others v The Propriet Ors., Strata Plan No. 51 (JCPC 27 of 2016) [2017] UKPC 45 (21 December 2017)
A one‑month minimum rental by‑law validly regulates residential use, not unlawfully restricting alienation.
Strata title – by‑law construction – restriction on use v. restriction on alienation – s.20(4) validity – one‑month minimum rental to preserve residential character – short‑term holiday letting.
 21 December 2017
March 2017
Akita Holdings Limited (Appellant) v The Honourable Attorney General of The Turks and Caicos Islands (Respondent) (JCPC 64 of 2016) [2017] UKPC 7 (27 March 2017)
A knowing recipient of undervalued property may be treated as constructive trustee and must account for profits, not just the undervalue.
Equity – Knowing receipt – Requirements: disposal in breach of fiduciary duty; recipient’s beneficial receipt of assets traceable to that disposal; recipient’s knowledge – El Ajou/Arthur applied. Constructive trust – Land acquired at undervalue may be treated as trust asset; recipient liable to account. Account of profits – Liability arises from making a profit in breach of fiduciary duty, not from proof of loss or causal link to specific profits. Proprietary v personal remedies – Both available; claimant not confined to monetary undervalue.
 27 March 2017