THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
that no action can be brought more than 15 years after the date the act or omission occurred. The ordinary time limits are subject to extension or exclusion in accordance with Part VI – for example, in cases of disability, fraud, concealment or mistake. The Limitation of Actions Act equally applies to arbi- trations. The transitional provisions provide that nothing in the Act shall: • enable any action to be brought that was barred before the commencement of the Act; or • affect any action commenced before the com- mencement of the Act. They also provide that a person who, prior to the commencement of the Act, had a right of action that – owing to the limitation period provided in the Act – will expire on the commencement of the Act or within one year following its commencement may bring that action within 12 months of the commencement of the Act. Section 50 of the Limitation of Actions Act provides that any existing provision applicable to the Turks and Caicos Islands will cease to have effect, except where the Limitation of Actions Act refers to another enactment with the intention that both the Limitation of Actions Act and the other Act will apply. Acts that previously provided for limitation periods – such as the Trusts Act (Chapter 16.12), the Fatal Accidents Act (Chapter 4.10) and the Public Authorities Protection Act (Chapter 21.10) – would need to be reviewed in light of this provision. The burden is on the defendant to raise limitation as a defence. There is no automatic bar on recovery. Par- ties may agree to vary or exclude limitation periods. 3.3 Jurisdictional Requirements for a Defendant A defendant may be subject to suit in the Turks and Caicos Islands if they are validly served with proceed- ings issued by one of the courts – whether within the jurisdiction of the court or outside it (in the case of the
Supreme Court) – and/or if they submit to the jurisdic- tion of the Turks and Caicos Islands courts. Thereafter, the courts apply the common law rules to determine whether a party is subject to the jurisdiction of the Turks and Caicos Islands courts. 3.4 Initial Complaint The nature of the originating process differs depend- ing on the court and the nature of the claim. Civil proceedings before the Magistrate’s Court are commenced by filing a plaint. Civil proceedings before the Supreme Court are commenced by filing a writ of summons, originating summons, originating notice of motion, or petition. The Magistrate’s Court is a court of summary jurisdic- tion and does not work with pleadings. However, it will permit an amendment to the plaint note after it has been filed. The Rules of the Supreme Court set out the circumstances in which the originating process and pleadings may be amended – either without the leave of the court, with the leave of the court, or by the consent of the parties. 3.5 Rules of Service Personal service is required for proceedings against an individual brought in the Magistrate’s Court or the Supreme Court. In the case of proceedings against a company, service may be effected by addressing the document to the company and leaving it at – or send- ing it by a prescribed method (post, facsimile or email) to – the company’s registered office or the office of the company’s registered agent. Parties outside the jurisdiction may be sued before the Supreme Court, but service of originating process is only permissible outside the jurisdiction with the leave of the Supreme Court if one or more of the juris- dictional gateways set out in Order 11, rule 1 of the Rules of the Supreme Court 2000 is satisfied. Upon granting leave, the court will direct the time for filing an acknowledgment of service and the form of service outside the jurisdiction. Upon receipt of the originating process, a defend- ant usually has limited time to acknowledge that they have received the originating process and that there
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