Revised Laws of Saint Lucia (2022)

24. Issue or refusal of practising certificate

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    (1) In the cases described in subsection (2), an attorney-at-law applying for a practising certificate shall, unless the High Court otherwise orders, give to the Registrar at least 4 weeks before the application is made, notice of his or her intention to make the application and the High Court may in its discretion order the Registrar to issue or refuse the application or to issue a practising certificate to the applicant subject to such terms and conditions as it may think fit.

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    (2) Subsection (1) applies to any case where an attorney-at-law makes an application for a practising certificate—

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      (a) where for 12 months or more he or she has ceased to hold a valid practising certificate;

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      (b) while he or she is an undischarged bankrupt or there is in force against him or her a receiving order in bankruptcy;

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      (c) where having been suspended from practice or having had his or her name struck off the Roll, the period of his or her suspension has expired, or his or her name has been restored to the Roll;

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      (d) not having held a valid practising certificate within the 12 months next following the date of his or her registration on the Roll;

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      (e) when he or she has been declared a person of unsound mind by a qualified medical practitioner;

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      (f) without having paid any penalty, compensation or reimbursement or costs ordered by the Committee to be paid by him or her, or without having otherwise complied with any order of the Committee;

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      (g) after having had an order made against him or her for the issue of a writ of attachment;

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      (h) after having been declared a bankrupt and obtained his or her discharge or after having entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors; or

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      (i) after having had given against him or her any judgment which involves the payment of moneys other than costs and is not a judgment as to the whole effect of which upon him or her, he or she is entitled to indemnity or relief from any other person, and without having produced evidence of the satisfaction of such judgment.

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    (3) In the event of an appeal having been made against a receiving order referred to in subsection (2)(b), the Court shall not refuse the application while the appeal is pending unless in its opinion the proceedings on the appeal have been unduly protracted by the appellant or are unlikely to be successful.

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    (4) Where the matters referred to in subsection (2) are no longer operative, an applicant shall be entitled to the issue of a recommendation for the issue of a practising certificate and the period of notice stipulated under this section shall not be required.