THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
the Court of Appeal will give their decision with written reasons to follow. Arguments as to costs are generally heard after the decision and after the reasons for it have been com- municated to the parties. 7.8 General Timeframes for Proceedings Much depends on the nature of the action, the level of discovery involved, the number of interlocutory skir- mishes and interim appeals, whether expert evidence is required, whether overseas counsel are instructed, and the desire of one or more of the parties to have the matter tried. However, in most civil/commercial cases, the trial of an action can take place within eight to 12 months of its commencement (or sooner if the subject matter justifies an expedited trial) if the parties are diligent and follow: • the timetable set out in the rules of court for the service of pleadings; • the automatic directions pertaining to discovery; and • the “usual” directions relating to witness state- ments, experts’ reports, setting down, and the preparation of the trial bundle. The more typical scenario is between one and two years to trial, although this timeframe can be reduced if the issue is relatively straightforward and the parties wish for an early hearing. Parties to civil litigation in the Turks and Caicos Islands are always at liberty to resolve their dispute at any time and do not necessarily need the approval of the court, except in specific circumstances where a child or protected party is involved. A plaintiff in an action begun by a writ may, without the leave of the court, discontinue the action or withdraw any particular claim not later than 14 days after service of the defence. However, if a party wishes to discon- tinue an action, claim or counterclaim at a later stage, 8. Settlement 8.1 Court Approval
the leave of the court is required. There are generally costs consequences when discontinuing an action. 8.2 Settlement of Lawsuits and Confidentiality It is open to the parties to agree that the terms of any settlement – and, indeed, the fact thereof – together with the negotiations resulting therein should remain confidential. With the exception of those settlements for which the court’s approval is required, the terms of settlement do not need to be communicated to the court, and the parties may enter into their own agreement and obtain what is known as a Tomlin order or simply ask the court to discontinue or dismiss the proceedings with no further order. To that extent, the settlement of the lawsuit will remain confidential. 8.3 Enforcement of Settlement Agreements Settlement agreements are contracts, the breach of which will give rise to a claim for breach of contract enforced by way of fresh proceedings. In order to avoid the need for this, parties generally put the terms of settlement in a schedule to a Tomlin order, whereby the underlying action is stayed (save the enforcement of the terms of settlement). This means that, in the event of a breach of the settlement terms by one party, the other party may enforce the terms by applying to the court that made the consent order by way of a summons in the original action. 8.4 Setting Aside Settlement Agreements As stated in 8.2 Settlement of Lawsuits and Confi - dentiality , settlement agreements are contracts and thus may be set aside on the same basis as any other contract. By way of example, allegations of fraud or undue influence could be made but – unless the set- tlement agreement was part of a Tomlin order – a new action would need to be commenced seeking the dec- laration of invalidity. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant It is not possible in a guide of this nature to set out in detail all the remedies open to a successful party in civil/commercial litigation, as entire textbooks are devoted to this. Nonetheless, there are many awards
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