COMMERCIAL LITIGATION

The practice and procedure of the Turks & Caicos Supreme Court generally follows that applied in the English courts, and current English case law and law texts are routinely accepted as authority in matters where legislation does not specifically apply or requires interpretation.  Case law and texts from other Commonwealth countries and territories are also accepted as persuasive authority. Accordingly, all the usual pre-emptive remedies like the Mareva injunction (freezing a defendant's assets pending disposition of an action) and Anton Piller order (permitting the search for and seizure of property and records in danger of being removed or destroyed) are available, the former in particular being commonly employed.  Therea re four levels in the court  system: the Magistrate's Court, which deals with day-to-day criminal matters and small claims (under $10,000), the Supreme Court, which has jurisdiction in all matters, the Court of Appeal. which hears appeals from the Supreme Court, and the Privy Council in London, an historic body whose Judicial Committee comprises top judges from Britain and the British Commonwealth (see http://www.jcpc.gov.uk/).

In most cases and where no conflict arises, Savory & Co. will accept instructions from clients both within and outside Turks & Caicos to conduct proceedings in commercial and other matters. Since 1983, the firm has successfully conducted a number of appeals in the Court of Appeal, for both appellants and respondents, and two of our counsel have appeared on several occasions in the Privy Council