Justice K. Neville Adderley appointed as Acting President of TCI Court of Appeal
His Excellency Governor Nigel Dakin on November 15, 2022 appointed Mr. Justice K. Neville Adderley as acting President of the Court of Appeal with effect from 16 January, 2023 to 28 February, 2023. The Hon. Mr. Justice K. Neville Adderley has served as a non-resident Justice of the Court of Appeal of the Turks and Caicos Islands for the past 6 years. Justice Adderley is a former Bahamian Senator and has served as a member of the Bahamas’ Judiciary at the commercial bar for several years. He was a Justice of the Supreme Court for five years and at the …
Cayman Islands Hosts Historic Privy Council Meeting
In another historic first for the Cayman Islands and the Overseas Territories (OTs), the Judicial Committee of the Privy Council (JCPC) opened its Sitting in the Cayman Islands on Tuesday, 15 November 2022. The four-day Sitting will conclude on Friday, 18 November. In addition to conducting hearings, the Justices have been engaged in several informationsharing initiatives designed to add value to the visit for the Cayman Islands. These include a “Court Users” meeting, to be attended by a cross-section of legal practitioners; a meeting with senior highschool-aged students from St. Ignatius High, Cayman Prep High, and the “Dual Enrolment” programme …
Demystifying Esquire, Attorney, and Lawyer
The terms “esquire,” “attorney,” and “lawyer” are often used interchangeably to refer to professionals who practice law. However, there are some differences in the specific meanings of these terms. In the United States, an “esquire” (abbreviated as “Esq.”) is a title that is often used by lawyers. It is typically added to the end of a lawyer’s name, and it is used as a formal indication of their profession. An “attorney” is a person who is qualified to practice law and provide legal representation to clients. In the United States, an attorney is a general term that can be used …
What is the Privy Council
The Privy Council of the United Kingdom is a formal body of advisers to the British monarch. It is made up of various senior politicians, judges, and other officials who are appointed by the monarch on the advice of the Prime Minister. The Privy Council has a number of functions, including acting as a court of final appeal for a number of countries and territories that are part of the Commonwealth of Nations. It also has the power to issue orders and ordinances on behalf of the monarch, and it serves as a ceremonial body for certain formal occasions. In …
The Difference Between a Solicitor and a Barrister
A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Barristers, and legal executives. In the United Kingdom, a solicitor is a type of lawyer who provides legal advice and representation to clients. Solicitors typically handle a wide range of legal matters, such as drafting contracts, providing advice on legal issues, and representing clients in court. A barrister, on the other hand, is a type of lawyer who specializes in representing clients in court. Barristers are typically self-employed and are often called upon by solicitors to provide legal representation for their clients in more complex or …
TCI Bar Council Embarks Upon Review of Complaints and Disciplinary Process
The Bar Council of the Turks and Caicos Islands has embarked upon an urgent review of the complaints and disciplinary process prescribed in the Legal Profession Ordinance (LPO). The LPO is the Ordinance which governs the admission of attorneys and the practice of law in the Turks and Caicos Islands, including the handling of complaints against such attorneys. Presently the LPO prescribes various procedures and timelines which the Bar Council must follow when complaints have been filed against one of the members of the Bar Association. The LPO was first introduced to the Turks and Caicos Islands in 1997 and …
EU lists Turks and Caicos as non-cooperative jurisdiction for tax purposes
The EU in its attempt to promote fair tax competition and address harmful tax practices, has added Turks and Caicos Islands for the first time to its list of non-cooperative jurisdictions for tax purposes. The Council regrets that the 12 jurisdictions on the list are non-cooperative on tax matters and invites them to engage with the EU’s Code of Conduct Group in order to resolve the identified issues. “Fair taxation of businesses benefits all of us. This is why the EU and international partners share a common interest in fighting tax base erosion and profit shifting. I believe all 12 …
Dealing with civil matters in Turks and Caicos Islands
In the Turks and Caicos Islands we have criminal law which deals with criminal offences and often involves an official investigation by the police. For non-criminal offences in the Turks and Caicos Islands, civil law will apply. This is used to deal with disputes such as negligence, breach of contract, property, probate and divorce. These disputes often work towards compensation for damages, the provision of monetary funds, goods or services. In addition, the civil process can be used for enforcement purposes like the recovery of monies or prevention of certain steps from being taken. Civil litigation solicitors work with clients …
Limitation on lawsuits in Turks and Caicos comes into effect in October
The Limitations of Actions Ordinance 2021 which was enacted into law by the House of Assembly one year ago will soon come into effect following a one-year grace period. As of October 11, 2022, legal action for disputes that are several years old will no longer be entertained when that day arrives. The new law also extends limitation periods for some actions and excludes some action from certain limitations periods. Some civil actions under the new law like defamation, other malicious falsehoods, tort and simple contract which would have been considered expired by the commencement date of October 14, 2021 …
What is Attorney-Client Privilege
Attorney-client privilege is a legal principle that protects communications between a client and their lawyer from being disclosed without the client’s consent. This privilege applies to both oral and written communications, and applies in a variety of legal contexts, including criminal cases, civil litigation, and regulatory investigations. It is intended to encourage clients to make full and frank disclosures to their attorneys so that the attorneys can provide effective legal representation. The attorney–client privilege is one of the oldest privileges for confidential communications. What’s Covered Under Attorney Client Privilege? The attorney-client privilege in the United States is often defined by …