MISICK & STANBROOK WIN LANDMARK JUDICIAL REVIEW AGAINST TCIAA (TURKS AND CAICOS ISLANDS AIRPORT AUTHORITY)

In an important decision for the jurisdiction, Ariel Misick Q.C. and Alexander Heylin appeared for Flight Support Limited in front of Justice Margaret Ramsay-Hale in the Supreme Court.

The TCIAA, TCI’s Government-owned airports operator, had entered into a joint venture for the monopoly provision of ground services at TCI’s main airport. Flight Support, a company already engaged in the provision of such services, and whose business would have been badly damaged by the proposed monopoly, objected.

In a comprehensive judgment, the Judge ruled in favour of Flight Support’s contention that the TCIAA’s decision to enter the monopoly agreement was unlawful. The court held that the decision was irrational and was made without sufficient inquiry of the surrounding market. The ruling upheld the principle that public bodies have to exercise their discretion reasonably. The judge ordered a permanent injunction against the TCIAA’s participation in the proposed monopoly.