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TCILII is a website of the Judiciary and publishes judgments from the Turks and Caicos Islands for free online access.

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Recent Judgments

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.
16 February 2026
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.
12 February 2026
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.
4 February 2026
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.
3 February 2026
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.
26 January 2026
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.
23 January 2026
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.
20 January 2026
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.
16 January 2026
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.
16 January 2026
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.
16 January 2026
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Recent Legislation

Practice Direction 1 of 2025 4 August 2025
Legal Notice 29 of 2022 5 May 2025
Legal Notice 15 of 2025 5 May 2025
Legal Notice 12 of 2023 5 May 2025
Legal Notice 16 of 2025 5 May 2025
Legal Notice 3 of 2025 7 February 2025
Legal Notice 61 of 2024 2 December 2024
Government Notice 51 of 2021 22 November 2024
Legal Notice 58 of 2024 22 November 2024
Practice Direction 1 of 2024 10 June 2024
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