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Citation
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Judgment date
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| February 2026 |
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Supreme Court dismissed enforcement application: Magistrate likely had jurisdiction, but Supreme Court lacks statutory power to enforce eviction orders.
Civil procedure; jurisdiction—Magistrate's jurisdiction to grant possession orders under Registered Land Act s.157; meaning of 'value of the subject matter' as leasehold interest; periodic tenancy valuation; Supreme Court lacks statutory power to enforce Magistrate possession orders.
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16 February 2026 |
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An 18‑year‑old convicted of penetrative sexual activity with a 13‑year‑old sentenced to four years' imprisonment per count, concurrent.
Sexual Offences Act s11 – sexual activity with a child – penetrative acts; application of UK Sentencing Guidelines (s9 UK Act) in absence of local guidelines; Category 1A (penetration) – grooming, planning, abuse of trust, age disparity – uplifted sentence; mitigation (youth, good character, remorse); one‑third guilty plea discount; concurrent sentences; remand credit; mandated assessment and rehabilitative measures.
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12 February 2026 |
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Court convicted a former premier, a minister and a lawyer of bribery and concealing criminal proceeds based on compelling circumstantial evidence.
Criminal law — Bribery at common law — Public officers’ fiduciary duty — Circumstantial evidence and inferences — Proceeds of Crime — Concealment/disguise through lawyer’s client accounts and corporate vehicles — Mens rea: ‘knowledge or reasonable grounds to suspect’ (1998 Ordinance) vs ‘knows or suspects’ (2007 Act) — Amendment of indictment allowed where no injustice.
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4 February 2026 |
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Presumption of regularity upheld; security for costs refused; plaintiff granted specific discovery of sale proceeds documents.
Registered Land — Second Charge — Presumption of regularity of land registration; Security for costs — non‑resident plaintiff; Crabtree principle — co‑extensive claim and counterclaim; Specific discovery — Order 24 r.7 — documents relating to sale proceeds.
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3 February 2026 |
| January 2026 |
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Whether the NIB Tribunal must give reasons and may consider unfair dismissal findings when denying unemployment benefit.
Administrative law — entitlement to reasons — National Insurance Appeal Tribunal — unemployment benefit Regulation 34F(1)(d) — interaction with Labour Tribunal findings on unfair dismissal — leave to appeal — ‘realistic prospect’ test for grant of leave.
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26 January 2026 |
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Costs awarded to the plaintiff; leave to appeal strike‑out granted and execution stayed pending appeal.
Civil procedure — strike‑out of defence and counterclaim — interlocutory order — leave to appeal required — test of real (not fanciful) prospect of success — costs follow the event — stay pending appeal — balance of harm/convenience.
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23 January 2026 |
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Mandamus refused: court will not compel issuance of refugee travel documents where no domestic statutory duty exists.
Refugee law — Convention travel documents (Article 28) — Contracting State responsibility (United Kingdom) — Domestic implementation requires local legislation — Mandamus discretionary; cannot compel non-existent statutory duty — Constitutional freedom of movement does not itself create duty to issue travel documents.
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20 January 2026 |
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Assessment of damages for permanent right-sided hemiplegia after default judgment, awarding general, past/future earnings and care costs.
Personal injury—workplace accident—traumatic brain injury with right-sided hemiplegia—default judgment—acceptance of treating physician’s uncontradicted evidence—assessment of general damages using Judicial College Guidelines—loss of earnings and future care assessed by Ogden tables—interest at 6% per annum.
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16 January 2026 |
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Default judgment set aside where defendant showed meritorious triable issues and an adequate explanation for delay.
Civil procedure — Setting aside default judgment (Order 19 r.9) — Affidavit of merits — Real triable issues: causation, negligence, contributory negligence, waiver/volenti — Explanation for delay — Balancing prejudice and justice.
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16 January 2026 |
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Whether summary judgment lies against the Crown and whether a Tomlin‑order life interest overrides a chargee’s statutory sale.
Registered Land Act – interaction of chargee’s power of sale (s.75), cautions (ss.127–129) and overriding interests (s.28(g)); indefeasibility (s.23); procedural duties of Registrar; summary judgment – prohibition against summary disposals against the Crown (Order 77 r.7/Crown Proceedings Act); triable issues of statutory construction.
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16 January 2026 |
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Leave to appeal granted on whether dishonest-assistance claim is time-barred and arises from substantially same facts as original claim.
Civil procedure – amendment of pleadings – Order 20 r.5(1),(2),(5) – adding new cause of action – requirement that new cause arise out of same or substantially same facts – limitation periods – Trusts Act s69(1),(2) and s70 (constructive trusts) – whether dishonest assister is a 'trustee' for limitation purposes – leave to appeal standard (real prospect of success).
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14 January 2026 |
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An uncorroborated nickname-based dying declaration and unchallenged alibi leave the applicant with no case to answer.
Criminal law – murder – no case to answer – Galbraith test – identification by nickname/dying declaration – hearsay weight – requirement for corroboration – unchallenged alibi.
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12 January 2026 |
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Plaintiffs failed to prove a 1968 partnership; claim dismissed and costs awarded.
Partnership law – existence of partnership – requirement of business carried on by two or more persons with a view to profit – dormant partners recognised but must be proven – insufficiency of isolated payments and late hearsay evidence to establish partnership – Crown land cannot be acquired by prescription.
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8 January 2026 |
| December 2025 |
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Second Defendant’s defence and counterclaim struck out; plaintiff granted judgment and possession for unpaid strata fees.
Strata law – enforcement of by‑laws for unpaid contributions – Order 18 Rule 19 striking out pleadings – requirements for pleading estoppel and equitable title – inadequacy of bare legal conclusions for breach, negligence, conspiracy or constitutional claims – Registered Land Act s.24: provisional title does not defeat prior rights – possession in default of payment.
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18 December 2025 |
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Court imposed compensation, fine and anger‑management program, departing from guidelines instead of full 12‑year custodial term.
Criminal law – Offences against the person – Wounding / grievous bodily harm with intent – Sentencing: harm categorisation, high culpability, starting point and range under guidelines – mitigation (no previous convictions) – refusal of guilty-plea discount – departure from guidelines in interest of justice – compensation and fine as alternatives to custody – rehabilitation order (anger-management).
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16 December 2025 |
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Court granted a protective 12‑month extension of a writ where service was disputed, exercising inherent jurisdiction to prevent injustice.
Civil procedure – extension of writ validity – protective extensions where service is disputed – inherent jurisdiction to prevent injustice – Order 6 r.8 principles (Kleinwort Benson) – balance of prejudice – technical irregularity not automatically fatal.
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9 December 2025 |
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The applicant’s claim was struck out as an impermissible relitigation barred by res judicata and privity.
Res judicata; abuse of process (Henderson v Henderson); issue estoppel; privity of interest; misfeasance in public office; strike out under Ord. 18 r.19; appropriate remedy (judicial review v damages).
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8 December 2025 |
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Whether circumstantial and expert evidence supported conviction and whether judge misdirected on mens rea, late evidence, post‑offence conduct.
Criminal law – Circumstantial evidence – Drawing inferences from primary facts; Mens rea – inference of intention to kill from nature of wound and facts; Expert/scientific evidence – role as part of whole-case assessment; Late disclosure/recall of witness statements – admissibility and prejudice; Post‑offence conduct – admissibility, need to balance probative value against prejudicial effect and to consider innocent explanations; Lies as evidence – application of Lucas direction; Application of the Proviso where inadmissible evidence was admitted but verdict inevitable.
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5 December 2025 |
| November 2025 |
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Non-compliance with statutory jury empanelling requirements warranted discharge of the jury and a trial de novo before a judge alone.
Jury empanelling — statutory compliance with geographic composition of jury list — admission by court administration that jurors were summoned only from Grand Turk — presumption of regularity displaced by correspondence — discharge of empanelled jury — trial de novo — judge-alone trial under Criminal Procedure Ordinance s.58.
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20 November 2025 |
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A Minister breached fiduciary duty by relying on an expired land valuation; judgment corrected to reflect that finding.
Administrative/fiduciary duty – Ministerial duty when effecting land transfers – obligation to obtain current valuation where prior valuation has expired or where material change may have occurred. Evidence/interpretation – significance of typographical errors in quoted documents and their potential to alter legal conclusions. Remedies – corrigendum to judgment to correct wording and clarify findings.
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14 November 2025 |
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Registrar grants interim payments under Order 29 after finding plaintiffs likely to obtain substantial damages, apportioning liability between defendants.
Interim payments (Order 29 r.10–11) – personal injury – high civil standard of proof that plaintiff would obtain substantial damages against a particular defendant – evidence required (medical reports, special damages) – multiple defendants and apportionment – non-compliance with procedural directions not per se fatal.
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11 November 2025 |
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A defendant must prove statutory non‑compliance to invalidate a jury panel; mere assertion is insufficient.
Criminal procedure – Jury empanelling – Presumption of regularity in compilation and drawing of jurors – Burden on challenger to prove non‑compliance – Jury Ordinance ss.8–19, 33 – Informality does not invalidate whole panel; specific objections required – Abuse of process for unsubstantiated dilatory applications.
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11 November 2025 |
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Plaintiff failed to prove defendant dishonestly assisted in undervalued Crown land transfers; claim dismissed.
• Crown land allocation – Crown Land Policy – CPLs vs freehold transfers – delegated ministerial authority
• Fiduciary duty of minister – distinction between disloyalty (breach) and mere incompetence or error
• Dishonest assistance (accessory liability) – elements: fiduciary duty and breach, assistance, and dishonesty (objective test)
• Evidence – hearsay in civil proceedings admissible under Evidence (Special Provisions) Act; non-compliance affects weight
• Valuation and equitable compensation – assessable loss must flow from breach; speculative development valuations not controlling where land undevelopable/nature reserve
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10 November 2025 |
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Court declares vending on specified beach areas unlawful but refuses mandamus, allowing restoration if enforcement remains unsatisfactory.
Beach and Coastal Vending Act 2021 — enforcement — vending zones — operation outside permitted zones — discretionary enforcement by Beach Patrol Unit — limits of mandamus where enforcement is ineffective but not wholly refused; public authority resource/ impossibility defenses.
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7 November 2025 |
| October 2025 |
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Refusal to grant residence permit to same‑sex spouse found discriminatory; court ordered permit issued, refusing to amend marriage law.
Constitutional law — discrimination (sexual orientation) — sections 7, 9, 16 — interpretation of “spouse” in Immigration Ordinance to include foreign same‑sex marriages — section 10 as lex specialis on right to marry — remedial powers under section 21(2) — courts may fashion effective relief — costs: appellate review of discretionary costs orders (plainly wrong test).
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27 October 2025 |
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Appeal dismissed: strong DNA and circumstantial evidence supported convictions; stays and procedural complaints failed.
Abuse of process – stay applications; Disclosure obligations – materiality and relevance; DNA evidence – admissibility, contradictory reports, and jury directions; Circumstantial evidence and no‑case submissions; Procedural irregularities and material irregularity test; Joint enterprise and good‑character directions.
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27 October 2025 |
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Joint custody granted but day‑to‑day care and control awarded to respondent as being in the children’s best interests.
Family law – custody and day‑to‑day care – welfare and best interests under Family Law Act – welfare checklist and children’s wishes Child welfare – evidence from social services, psychological assessments and Magistrate’s findings weighed in custody decision Siblings – principle against separation unless necessary; holistic welfare balancing exercise Joint custody – maintained while day‑to‑day care and control awarded to respondent
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6 October 2025 |
| September 2025 |
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Court ordered defendants to disclose specific witness statements under Ord.24 r.7; no evidence the DPP letter existed.
Civil procedure – discovery – Order 24 r.7 – applicant must show prima facie that specific documents exist, relate to matters in issue, and are in opponent’s possession, custody or power. Legal professional privilege – communications between police and DPP examined; privilege may arise only if relationship tantamount to client-lawyer exists. Court’s inherent jurisdiction – inspection under confidential cover to determine whether r.7 affidavit should be ordered. Specific disclosure ordered for identified witness statements; DPP letter not shown to exist.
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25 September 2025 |
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Applicant lawfully placed on Stop List for prolonged immigration breaches; work permit does not override Stop List; review dismissed.
Immigration law – Stop List – statutory power to prohibit entry where person conducted themselves "undesirably" – placing name on Stop List lawful where long-term breach of permits; work permit does not negate Stop List; no general right to prior notice of Stop List placement for persons outside jurisdiction; Governor may direct removal but no evidence of such direction here; refusal to accept renewal and claims for damages not established.
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22 September 2025 |
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A strata corporation’s blanket no‑pet by‑law was upheld as valid and not ultra vires, constitutional challenge dismissed.
Strata law – By‑laws – Validity of blanket no‑pet by‑law; ultra vires challenge under section 20 STA; constitutional claim under section 17(1) (peaceful enjoyment of property) dismissed; comparative consideration of Cooper (NSW) but different statutory regimes.
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22 September 2025 |
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Court refused to sanction a damages‑based 'no win, no fee' agreement, finding DBAs champertous absent legislation.
Damages‑based agreements (DBAs) – champerty and maintenance – Criminal Law Act ss9–10 preserve public policy against champerty – Regulation 23 Code of Professional Conduct prohibits significant pecuniary interest by counsel – indemnity principle and costs recovery – access to justice does not justify judicial creation of DBAs – legislative reform required.
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22 September 2025 |
| August 2025 |
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The Governor's refusal to grant naturalisation was quashed due to procedural unfairness and unlawful fettering of discretion.
Administrative law – judicial review – procedural fairness – refusal of naturalisation – exercise of statutory discretion – legitimate expectation – reliance on policy guidance – mandatory considerations – British Nationality Act 1981 – residency and immigration breach requirements – separation of discretionary powers – fair notice of reliance on policy – natural justice.
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13 August 2025 |
| July 2025 |
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18 July 2025 |
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11 July 2025 |
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10 July 2025 |
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8 July 2025 |
| June 2025 |
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25 June 2025 |
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The Court lacked power to void a general election and held single‑ballot electronic voting was substantially compliant, dismissing the petitions.
Constitutional and election law – Jurisdiction of election courts – No power to declare an entire general election void; petitions must relate to particular elections/members. Electoral procedure – Electronic Tabulating System – single ballot format permissible; legacy manual‑ballot colour requirement does not apply. Election petitions – Substantial compliance test (Morgan v Simpson refined) governs validity; administrative errors in statutory forms do not necessarily vitiate an election. Evidence – observer reports as hearsay; viva voce evidence of election officials relevant to assessing voter confusion.
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6 June 2025 |
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5 June 2025 |
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5 June 2025 |
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5 June 2025 |
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5 June 2025 |
| May 2025 |
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27 May 2025 |
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14 May 2025 |
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6 May 2025 |
| April 2025 |
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17 April 2025 |
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16 April 2025 |
| March 2025 |
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28 March 2025 |
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26 March 2025 |
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20 March 2025 |