Revised Laws of Saint Lucia (2021)

30.   Savings

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    (1)   This Act does not apply to proceedings by or against, or authorise proceedings in delict or quasi-delict to be brought against Her Majesty in Her private capacity.

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    (2)   Except as therein otherwise expressly provided, this Act shall not—

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      (a)     affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of the High Court as a prize court or to any criminal proceedings;

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      (b)     authorise proceedings to be taken against the Crown under or in accordance with this Act in respect of any alleged liability of the Crown arising otherwise than in respect of Her Majesty's Government in Saint Lucia, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid;

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      (c)     affect any proceedings by the Crown otherwise than in right of Her Majesty's Government in Saint Lucia;

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      (d)     subject the Crown to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Crown than those to which the Crown would be subject in respect of such acts or omissions if it were a private person;

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      (e)     affect any rules of evidence or any presumption relating to the extent to which the Crown is bound by any Act; or

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      (f)     affect any right of the Crown to demand a trial at bar or to control or otherwise intervene in proceedings affecting its rights, property or profits;

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    and, without prejudice to the general effect of the foregoing provisions, Part 3 of this Act shall not apply to the Crown except in right of Her Majesty's Government in Saint Lucia.

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    (3)   A certificate of the Governor General—

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      (a)     to the effect that any alleged liability of the Crown arises otherwise than in respect of Her Majesty's Government in Saint Lucia;

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      (b)     to the effect that any proceedings by the Crown are proceedings otherwise than in right of Her Majesty's Government in Saint Lucia;

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    shall for the purposes of this Act, be conclusive as to the matter as certified.

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    (4)   Where any property vests in the Crown by virtue of any rule of law which operates independently of the acts or the intentions of the Crown, the Crown shall not by virtue of this Act be subject to any liabilities in delict or quasi-delict by reason only of the property being so vested: but the provisions of this subsection shall be without prejudice to the liabilities of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or control of any such property, or entered into occupation thereof.

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    (5)   This Act shall not operate to limit the discretion of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Act, notwithstanding that by reason of the provisions of this Act some other and further remedy is available.