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554.   Power of court to grant relief in certain cases

Revised Laws of Saint Lucia (2022)

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554.   Power of court to grant relief in certain cases

  1.  

    (1)   If in any proceeding for negligence, default, breach of duty or breach of trust against a person to whom this section applies it appears to the court hearing the case that that person is or may be liable in respect of the negligence, default, breach of duty or breach of trust, but that he or she has acted honestly and reasonably, and that, having regard to all the circumstances of the case, including those connected with his or her appointment, he or she ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him or her, either wholly or partly, from his or her liability on such terms as the court may think fit.

  1.  

    (2)   Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him or her in respect of any negligence, default, breach of duty or breach of trust, he or she may apply to the court for relief, and the court on any such application shall have the same power to relieve him or her as under this section it would have had if it had been a court before which proceedings against that person for negligence, default, breach of duty or breach of trust had been brought.

  1.  

    (3)   Where any case to which subsection (1) applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he or she is satisfied that the defendant ought under that subsection to be relieved either in whole or in part from the liability sought to be enforced against him or her, withdraw the case in whole or in part from the jury and direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge may think proper.

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    (4)   The persons to whom this section applies are the following—

    1.  

      (a)     directors, managers or officers of a company;

    1.  

      (b)     persons employed by a company as auditors.

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