2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Eastern Caribbean Supreme Court (Saint Lucia) Act (Acts 17 of 1969, 32 of 1972, 4 of 1975 and 25 of 2000)

Act 17 of 1969.. in force 10 January 1970 (S.I. 3/1970)

Amended by Act 32 of 1972 .. in force 9 November 1972

Amended by Act 4 of 1975 .. in force 3 March 1975

Amended by Act 25 of 2000 .. in force 25 November 2000

Statutory Instruments Made Under the Supreme Court Order

ARRANGEMENT OF SECTIONS

PRELIMINARY

1.Short title
2.Interpretation
3.Reference to former Courts
4.How Supreme Court judges are to be addressed
5.Constitution of Court of Appeal and High Court

PART 1
THE HIGH COURT

Jurisdiction and Law

6.Jurisdiction of former Supreme Court vested in High Court
7.Jurisdiction of High Court
8.Jurisdiction of High Court in Admiralty
9.Practice of High Court in Bankruptcy.
10.Practice of High Court in Criminal proceedings
11.Practice of High Court in Civil proceedings and in probate causes
12.Power of High Court to review proceedings of magistrate
13.Jurisdiction of single judge and masters
14.Counterclaim and third parties
15.Defence or stay instead of injunction or prohibition
16.Injunction and appointment of receivers
17.Extent of remedies
18.Execution of instruments by order of court
19.Rules of Court
20.Procedure in cases not provided for
21.Restrictions on institution of vexatious actions

Administration of Estates

22.Application for direction of High Court

PART 2
THE COURT OF APPEAL

Jurisdiction of Court of Appeal

23.Jurisdiction vested in Court of Appeal
24.Practice and procedure in the Court of Appeal
25.Appeals from magistrate's courts
26.Appeals from High Court in civil matters
27.Powers of judge of High Court
28.Powers of Court of Appeal on hearing an appeal
29.Supplementary powers of Court of Appeal
30.Power of Court of Appeal as to new trials
31.Wrong rulings as to sufficiency of stamps

Admiralty Appeals from High Court

32.Appeals from High Court in its Admiralty Jurisdiction

Criminal Appeals from High Court

33.Criminal Appeals from High Court
34.Right of appeal in criminal cases
35.Determination of appeals in certain cases
36.Powers of Court of Appeal in special cases
37.Supplementary provisions where appeal against special verdict allowed
38.Re-vesting and restitution of property on conviction
39.Supplementary powers of Court of Appeal
40.Duty to admit fresh evidence
41.Admission of appellant to bail and custody when attending court
42.Computation of sentence
43.Time for appealing
44.Stay of execution
45.Judge's notes and report to be furnished on appeal
46.Legal assistance to appellant
47.Right of appellant to be present
48.Costs of appeal
49.Duties of Registrar with respect to notices of appeals, etc
50.Shorthand notes, etc
51.Powers which may be exercised by a judge of the Court of Appeal
52.Case stated or question of law reserved
53.Provisions of this Act applicable to proceedings under section 52
54.Prerogative of mercy
55.Criminal information

Appeals in Contempt Proceedings

56.Appeals from order in contempt proceedings

PART 3
OFFICERS OF THE COURT

57.Existing officers of the Court
58.Chief Registrar
59.Registrar
60.Appeals from Chief Registrar and Registrar
61.Discharge of duties of Registrar in certain cases
62.Taxation of costs
63.Hours of business
64.Clerks
65.Bailiffs
66.Service or execution
67.General rule as to service of process
68.Keeping of registers of process
69.Periods allowed to the sheriff for execution of process
70.Payment of moneys into and out of court
71.Payment from the Treasury of damages awarded against the sheriff
72.Right of the sheriff to take opinion of the Attorney General for his or her guidance
73.Chief Registrar etc. not to advise litigants
74.Misconduct of officers of court

Administrator General

75.Commission of Administrator General
76.Administration of bankrupts estates
77.Administration of renounced and other successions
78.Power of Governor General to order equitable distribution of estate of persons who have died intestate out of the State
79.Administration of estates of absentees
80.Administration of estates of persons of unsound mind
81.Accounts to be kept
82.Audit of accounts
83.Abstract of accounts to be furnished to Governor General and published

Commissioners of the Supreme Court

84.Appointment and powers of Commissioners of the Supreme Court
85.Ex officio Commissioners
86.Enforcement of order to be executed before a commissioner
87.Incidental powers of commissioner Effect of affidavit
88.Control of commissioners and their proceedings
89.Certain commissioners out of the state

PART 4
WITNESSES

90.Disobedience of subpoena
91.Witness expenses in criminal proceedings
92.Persons present at proceedings in Court may be ordered to give evidence

PART 5
MISCELLANEOUS

93.Sittings of the Courts
94.Interlocutory applications
95.Expenses in criminal proceedings
96.Remission or reduction of fines
97.Remedy of person improperly deprived of priority in registration of title
98.Saving of procedure and rules of court

AN ACT to confer jurisdiction upon the Eastern Caribbean Supreme Court and for connected matters.

Commencement [10 January 1970]