THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
4.5 Applications for Security for Defendant’s Costs A defendant to a Supreme Court action may apply for an order that the plaintiff give security for the defend- ant’s costs in circumstances where the plaintiff is: • ordinarily resident outside the jurisdiction; or • a nominal person suing for the benefit of some other person and the defendant is able to establish that the plaintiff may be unable to pay the costs of the defendant if ordered to do so. The respondent in an appeal to the Court of Appeal may seek security for its costs of the appeal, and the court may order such security to be given for the costs of an appeal as may be just. Security can be effected by way of payment into court or into a particular account agreed upon by the par- ties. Other forms of acceptable security include the attorney for the party that is required to give the secu- rity giving an undertaking. 4.6 Costs of Interim Applications/Motions The Turks and Caicos Islands courts can, and gener- ally do, award costs to be paid by the unsuccessful party to the successful party. This applies to the costs of interlocutory applications just as much as it does to the costs of the trial or the action as a whole. How- ever, in many interlocutory applications and motions that involve obtaining directions for the future conduct of the action, the usual order is “costs in the cause”. This means that the party in whose favour an order for costs is made at the conclusion of the cause or matter from which the proceedings arise is entitled to their costs of the application in respect of which such an order is made. There are certain cases where the Rules of the Supreme Court provide that an order for costs is deemed to have been made (see Order 62, rule 5) or where costs shall not follow the event (see Order 62, rule 6). Unless the Supreme Court orders that the costs of an interim application are to be taxed and paid forthwith, the costs awarded on an interlocutory application are not recoverable until the action has come to an end.
• it may prejudice, embarrass or delay the fair trial of the action; or • it is otherwise an abuse of the process of the court. Furthermore, a party may apply for an order for the action to be stayed or dismissed, or for judgment to be entered accordingly, as the case may be. No evidence is admissible in support of any application made on the first of the above-mentioned grounds. Claims or defences can also be struck out if the rel- evant party has failed to comply with an order of the court. 4.3 Dispositive Motions See 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit At any stage of the proceedings in any cause or mat- ter, the Supreme Court may – on such terms as it thinks just and of its own motion (or on an application) – order the following to be added as a party: • any person who ought to have been joined as a party or whose presence before the court is neces- sary to ensure that all matters in dispute in the cause or matter may be effectively and completely determined and adjudicated upon; or • any person between whom and any party to the cause or matter there may exist a question or issue arising from – or relating to or connected with – any relief or remedy claimed in the cause or matter, which in the opinion of the court it would be just and convenient to determine as between them and that party, as well as between the parties to the cause or matter. In addition, a defendant who has given notice of inten- tion to defend may add a third party in circumstances where the defendant seeks a contribution or indem- nity from a person not already a party to the action. Interested parties may also intervene in proceedings in which they have not been joined in order to make submissions.
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