Revised Laws of Saint Lucia (2021)

28.   Rules by Governor General

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    (1)   The Governor General may make rules for the purpose of giving effect to the provisions of this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the Code of Civil Procedure or the district court rules applying to proceedings between subjects.

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    (2)   The power to make rules conferred by the preceding subsection shall include the power to amend modify or vary the Code of Civil Procedure and the district court rules and any rules so made shall contain provisions with respect to the following matters—

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      (a)     for providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether British subjects or not, who are not resident in Saint Lucia;

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      (b)     for securing that where any civil proceedings are brought against the Crown in accordance with the provisions of this Act the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reasonably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned;

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      (c)     for providing that in the case of proceedings against the Crown the plaintiff shall not enter judgment against the Crown in default of appearance or pleading without the leave of the court to be obtained on an application of which notice has been given to the Crown;

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      (d)     for excepting proceedings brought against the Crown from the operation of any article of the Code of Civil Procedure or rule of the district court rules providing for summary judgment without trial, and for enabling any such proceedings to be put in proper cases into any special list which may be kept for the trial of short causes in which leave to defend is given under any such article or rule as aforesaid;

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      (e)     for enabling evidence to be taken on commission in proceedings by or against the Crown;

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      (f)     for providing—

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        (i)     that a person shall not be entitled to avail himself or herself of any set-off or counter-claim in any proceedings by the Crown for the recovery of taxes, duties or penalties, or to avail himself or herself in proceedings of any other nature by the Crown of any set-off or counter-claim arising out of a right or claim to repayment in respect of any taxes, duties or penalties,

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        (ii)     that a person shall not be entitled without the leave of the court to avail himself or herself of any set-off or counter-claim in any proceedings by the Crown if either the subject matter of the set-off or counterclaim does not relate to the authorised government department on behalf of which the proceedings are brought in the official name of the head of such department or, the proceedings are brought in the name of the Attorney General,

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        (iii)     that the Crown shall not be entitled to avail itself of any set-off or counter-claim without the leave of the Court.

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    (3)   Provision may be made by the said rules for regulating any appeals to the High Court, whether by way of case stated or otherwise, under enactments relating to the revenue, and any rules made under this subsection may revoke any enactments or rules in force immediately before the commencement of this Act so far as they regulate any such appeals, and may make provision for any matters for which provision was made by any enactments or rules so in force.