THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
within which they were required to do the act. Fur- thermore, the front of the copy of the order served on the respondent must prominently display a warn- ing that disobeying the order would be contempt of court punishable by imprisonment or – in the case of an order requiring a body corporate to do (or abstain from doing) an act – punishable by sequestration of the assets of the body corporate and by imprisonment of any individual responsible. Third parties who have knowledge of an injunction and who assist the respondent in breaching its terms are also liable to be held in contempt of court. In the normal course, a trial in the Turks and Caicos Islands of an action begun by writ will involve the fol- lowing steps: • the plaintiff setting down the action for trial; • the defendant identifying to the plaintiff, at least 14 days before the date fixed for trial, those docu- ments central to their case that they wish to be included in the trial bundle; and • the plaintiff lodging a bundle for use by the judge at least two clear days before the date fixed for trial. Prior to the setting down of the action for trial, the par- ties will have exchanged written witness statements from each of the witnesses they intend to call to give evidence. Those witness statements are usually direct- ed to stand as the respective witnesses’ evidence in chief; however, at trial the witness may be asked sup- plemental questions by counsel for the party calling them before being tendered for cross-examination. The adversarial system prevails and the evidence of the witness is tested by cross-examination. The party calling the witness may then re-examine the witness, although the scope of re-examination is limited. The same procedure is adopted for witnesses of fact and expert witnesses. 7. Trials and Hearings 7.1 Trial Proceedings Once all the evidence has been heard by the court, each party is entitled to make its legal submissions and closing statements in respect of the respective
merits of their cases. Submissions are generally put in writing and submitted to the court, with some oral submissions still allowed to supplement them. 7.2 Case Management Hearings Applications for interlocutory relief are usually made in chambers and must be made by summons that are served on the other party. With the exception of certain applications where specific provisions apply, a summons must: • be served on every other party no less than two days before the day specified in the summons for the hearing of the application; • be served within 14 days of its issue; and • be served with any evidence relied on in support of the application. Applications of this nature almost always involve hear- ings at which the court hears oral argument. However, in applications of substance, the parties’ representa- tives are expected to lodge skeleton arguments in advance of the hearing. At least one case management hearing (referred to in the Rules of the Supreme Court as a directions hear- ing) is required in an action begun by writ, with a view to providing an occasion for the consideration by the court of the preparations for the trial of the action so that: • all matters that must or can be dealt with on inter- locutory applications and have not already been dealt with may, so far as possible, be dealt with; and • such directions may be given as to the future conduct of the action as appear best adapted to secure the just, expeditious and economical dis- posal thereof. Standard directions may be agreed by the parties not more than one month after the pleadings are deemed to be closed, provided that the only directions con- cern the mode of trial and the time for setting down – in which case, the action is to be set down within six months.
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