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SUPREME COURT ACT
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PART 75 Transitional Provisions
Revised Laws of Saint Lucia (2023)
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PART 75
Transitional Provisions
Contents of this Part
Scope of this Part
Rule 75.1
New proceedings
Rule 75.2
Old proceedings
Rule 75.3
Exercise of discretion
Rule 75.4
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PART 75 Transitional Provisions
ACT
PART I INTRODUCTORY
1. Citation, commencement and revocation
2. Interpretation
3. Application to Saint Vincent
PART II THE SUPREME COURT
4. Establishment of Supreme Court
5. Appointment of judges
6. Acting judges
7. Oaths
8. Tenure of office of judges
9. Jurisdiction in the States
10. Jurisdiction in other territories
PART III GENERAL
11. Remuneration, etc. of judges
12. Chief Registrar and other officers
13. Pensions of judges, Chief Registrar and other officers
14. Resignations
15. Expenses of the Court
16. Posting of judges
17. Rules of Court
PART IV JUDICIAL AND LEGAL SERVICES COMMISSION
18. Establishment of Commission
19. Functions and procedure of Commission
20. Staff
21. Expenses
PART V TRANSITIONAL PROVISIONS
22. Pending proceedings
23. Existing laws, etc.
24. Interim Commission
25. Terms of service of judges
Schedule 1
Schedule 2
Schedule 3
SUBSIDIARY LEGISLATION
Eastern Caribbean Supreme Court (Saint Lucia) Act (Acts 17 of 1969, 32 of 1972, 4 of 1975 and 25 of 2000)
PRELIMINARY
1. Short title
Judges of the Supreme Court: Terms and Conditions of Service (Sick Leave) Regulations – Section 11 (Statutory Instrument 39/1970)
Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order – Section 11 (Statutory Instruments 2/1975, 30/1989, 1/1985, 30/1983 and 97/2008)
1. Citation
2. Interpretation
3. Amendment of Supreme Court Order
4. Residence
5. Travelling and duty allowance
6. Board and Lodging
7. Subsistence allowance
8. Entertainment allowance
9. Allowances free of Income Tax
10. Leave and leave passages
11. Levy
12. Pensions
Schedule 1
Supreme Court Offices (Salaries and Allowances of Chief Registrar and Secretary to the Chief Justice) Order – Section 12 (Statutory Instrument 34/1987)
1. Citation
2. Interpretation
3. Salary and Allowances of Chief Registrar
4. Salary and Allowances free of Income Tax
Supreme Court (Prescribed Offices) Order – Section 12 (Statutory Instrument 30/1967)
1. Citation
2. Offices of Court of Appeal
Supreme Court (Prescribed Offices) Order – Section 12 (Statutory Instrument 109/2001)
1. Citation
2. Prescribed Offices
Supreme Court – Prescription by 30 Years (Declaration of Title) Rules – Section 17 (Statutory Instrument 7/1970)
1. Citation
2. Application
3. Interpretation
4. Application for declaration of title
5. Contents of petition
6. Affidavits to accompany petition
7. Plan to accompany petition
8. Summons and advertisement
9. Service on adjoining owners
10. Judge may order special notification for advertisement
11. Appearance and written claim
12. Procedure on non-appearance
13. Duties of Registrar on appearance
14. Default in filing claim
15. Court may adjudicate between opposing claimants
Schedule
Judicial and Legal Services Commission Regulations – Section 17 (Statutory Instrument 43/1967)
1. Citation
2. Interpretation
3. Oath of Office
4. Procedure and Meetings
5. Decisions other than at a Meeting
6. Record of Meetings and Decisions
7. Consultation with other Persons
8. Principles of Selection
Schedule
Supreme Court (Masters) Order – Section 12(1) (Statutory Instruments 98/2008, 44/2009, 112/2012, 45/2014, 120/2015 and 2/2016)
1. Citation
2. Interpretation
3. Establishment of the office of Master
4. Functions
5. Number of Masters
6. Abolition of office only with consent of incumbent
7. Qualifications
8. Tenure of office of Masters
9. Retirement
10. Pension
11. Status of Acting Masters
12. Posting
13. Assignments
14. Salary
15. Housing allowance
16. Travel allowance
17. Accommodation
18. Telephone
19. Relocation expenses
20. Vacation leave
21. Medical leave
22. Medical fitness
23. Oaths
Schedule 1
Schedule 2
Supreme Court (Saint Lucia) (Criminal Division) Rules – Section 17 (Statutory Instruments 115/2008 and 82/2014)
1. Citation
2. Interpretation
3. Establishment of Criminal Division
4. Puisne Judges
4A. Master
5. Magistrates
6. Criminal Division Manager
7. Support personnel to report to Criminal Division Manager
8. Courts to sit continuously
Supreme Court (Legal Profession Disciplinary Procedure) Rules – Section 17 (Statutory Instrument 17/2014)
PART 1 PRELIMINARY
1. Citation
Schedule
Eastern Caribbean Supreme Court (Tarriff of Fees) (Deeds and Mortgages) – Section 70 (Statutory Instrument 12/1975)
1. Citation
2. Tariff of Fees
Eastern Caribbean Supreme Court (Administrator General's Commission) Order – Section 75 (Statutory Instrument 13/1975)
1. Citation
2. Administrator General's Commission
Eastern Caribbean Supreme Court (Constitution of the Court of Appeal) Notice – Section 5 (Statutory Instrument 27/1988)
Eastern Caribbean Supreme Court (Sittings of the Court) Rules – Section 17 (Statutory Instruments 108/2014 and 29/2017)
1. Citation
2. Commencement
3. Interpretation
4. General sittings of the High Court in non-criminal matters
5. Sittings of the High Court in criminal matters
6. Sittings of the High Court in Anguilla, Montserrat and Nevis
7. Sittings of the Court of Appeal
8. Vacations of the Court
9. Hearings in vacation
Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) Rules – Section 19(2) (Statutory Instruments 103/2017, 120/2017, 6/2019 and 40/2022)
1. Citation
2. High Court civil proceedings fees
3. High Court family proceedings fees
4. High Court admiralty and bankruptcy proceedings fees
5. Non-contentious probate and administration of estates proceedings fees
6. Court of Appeal Fees
7. Transcript of court proceedings fees
7A. FEES FOR SERVICES PROVIDED TO OR BY THE COURT
7B. PAYMENT OF FEES
8. Revocation
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 7A
Schedule 8
Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules – Section 17 (Statutory Instrument 104/2017)
1. Citation
2. Interpretation
3. Application
4. Forms
5. To whom and where applications are to be made
6. Who can make an application
7. Hearing of applications
8. How to apply for a grant of probate
9. How to apply for letters of administration with will annexed
10. Order of priority for grant where deceased left a will
11. How to apply for a grant of probate of a notarial will in Saint Lucia
12. How to apply for letters of administration in case of a minority or a life interest where person dies intestate
13. How to apply for a grant of letters of administration
14. Order of priority in case of intestacy
15. Advertisement of application for a grant of probate or letters of administration
16. How to apply for small estate grants
17. Evidence as to due execution of will
18. Marking and exhibiting of will
19. Rectification of will
20. Engrossment of will
21. Will in custody of foreign court or official
22. Affidavits
23. Renunciation of probate and administration
24. Retraction of renunciation of probate and administration
25. Notices and consents
26. Joinder of administrator
27. Grants to a corporation
28. Grants where deceased died domiciled outside the jurisdiction of the Member State
29. How to apply for a grant in respect of the estate of a person who died domiciled outside the jurisdiction of a Member State
30. How to apply for resealing of grants
31. Amendment and revocation of a grant
32. Application for fresh grant after revocation
33. Limited AND SPECIAL grants
34. How to apply for a grant to an attorney
35. Grant of letters of administration to consular officer
36. How to apply for a grant of letters of administration to a consular officer
37. Grant on behalf of a minor
38. Grant where minor is a co-executor
39. How to apply for a grant on behalf of a minor
40. Grant of letters of administration where person entitled is mentally incapable
41. How to apply for a grant for use and benefit of a mentally incapable person
42. How to apply for a grant for a physically incapable person
43. Lost will or oral will grants
44. How to apply for a lost will grant
45. Grant of letters of administration under the discretionary powers of the Court
46. How to apply for a grant of letters of administration under the discretionary powers of the Court
47. Emergency grants
48. How to apply for an emergency grant
49. Grants pending suit
50. How to apply for a grant of letters of administration pending suit
51. Determination of probate action
52. How to apply for a grant limited to part of an estate
53. How to apply for a grant durante absentia
54. How to apply for leave to swear death grant
55. Second and subsequent grants
56. How to apply for a grant de bonis non administratus
57. How to apply for a cessate grant
58. How to apply for a double probate grant
59. Duty of the Court on receiving an application for a grant of probate or letters of administration
60. Action after grant is made
61. Entry, duration and renewal of caveat
62. Warning to caveat
63. Expiry of caveat
64. Probate Actions
65. Citations
66. Citation to accept or refuse or to take a grant
67. Acknowledgment of citation to accept or refuse or take a grant, then default
68. Default of acknowledgment of service of citation to accept or refuse or take a grant
69. Citation to propound a will
70. Acknowledgment of service of citation to propound a will, then default
71. Default of acknowledgment of service of citation to propound a will
72. Affidavit of service to citation
73. Application for an order to attend for examination or for summons to bring in will
74. Fees
Schedule
Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) Rules – Section 17 (Statutory Instruments 87/2018 and 43/2019)
1. Citation
2. Interpretation
3. Application of Rules
4. Operation of Electronic Litigation Portal
5. Registration
6. Electronic submission of document
7. Format of document
8. Electronic signature
9. Filing within and outside hours of business
10. Fees
11. Processing by the Court's Registry
12. Electronic compilation of trial bundle, core bundle and record of appeal
13. Service of document by electronic means
14. Proof of service
15. Service by electronic means by or on the Court
16. Practice Directions and Practice Guides
Schedule 1
Schedule 2
Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules – Section 17 (Statutory Instrument 129/2019)
1. Citation
2. Interpretation
3. Application of Rules
4. Sentencing guidelines
5. Purpose of sentencing guidelines
6. Application of sentencing guidelines by the Court
7. Practice directions and practice guides
8. Application of Practice Directions
9. Sentencing Advisory Committee
Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023– Section 17 (Statutory Instrument 64/2023)
1. Citation and commencement
2. Revocation
PART 1 THE OVERRIDING OBJECTIVE
1.1 The overriding objective
1.2 Application of overriding objective by the court
1.3 Duty of parties
PART 2 APPLICATION AND INTERPRETATION OF THESE RULES
2.1 Citation
2.2 Application of these Rules
2.3 Application of Interpretation Acts
2.4 Definitions
2.5 Who may exercise the powers of the court
2.6 Court staff
2.7 Court's discretion as to where, when and how it deals with cases
2.7 Court's discretion as to where, when and how it deals with cases
PART 3 TIME AND DOCUMENTS
3.1 Time — court to state calendar date
3.2 Time — computation
3.3 Vacations
3.4 Hearings in vacations
3.5 Time –vacations
3.6 Documents
3.7 Filing of documents
3.8 Sealing of documents issued by the court
3.9 Forms
3.10 Statement of case — address for service
3.11 Statement of case – certificate of truth
3.12 Failure to give certificate of truth
3.13 Right to inspect, etc. certain documents filed in court office
PART 4 PRACTICE DIRECTIONS AND GUIDES
4.1 Who may issue practice directions
4.2 Scope of practice directions
4.3 Publication of practice directions
4.4 Compliance with practice directions
4.5 Practice guides
4.6 Date from which practice directions and guides take effect
4.7 Practice Directions and Practice Guides made under Civil Procedure Rules 2000
PART 5 SERVICE OF CLAIM FORM WITHIN JURISDICTION
5.1 Service of claim form – normal method
5.2 Statement of claim to be served with claim form
5.3 Method of personal service
5.4 Permitted place of service
5.5 Proof of personal service
5.6 Service on legal practitioner
5.7 Service on limited company
5.8 Service on firm or partnership
5.9 Service on body corporate
5.10 Service on minors and patients
5.11 Proof of postal service
5.12 Proof of service by electronic means
5.13 Alternative methods of service
5.14 Power of court to make order for service by specified method
5.15 Proof of service by specified method
5.16 Service of claim form by contractually agreed method
5.17 Service of claim form on agent of principal who is out of jurisdiction
5.18 Service of claim form for possession of vacant land
5.19 Deemed date of service
PART 5A ELECTRONIC LITIGATION PORTAL FILING AND SERVICE PROCEDURE
5A.1 Scope of this Part
5A.2 Application of this Part
5A.3 Operation of the Electronic Litigation Portal
5A.4 Registration for use of the Electronic Litigation Portal
5A.5 Format of the document
5A.6 Electronic signature
5A.7 Electronic submission of document
5A.8 Filing within and outside hours of business
5A.9 Fees
5A.10 Validity of Claim Forms filed on the Electronic Litigation Portal
5A.11 Proceedings by the Court's Registry
5A.11 Proceedings by the Court's Registry
5A.12 Service of document by electronic means
5A.13 Consent to service by electronic means
5A.14 Document served by electronic means which cannot be viewed or downloaded
5A.15 Service by electronic means by or on the Court
5A.16 Proof of Service
5A.17 Electronic Compilation of Trial/Hearing Bundle, Core Bundle and Record of Appeal
5A.18 Use of the Electronic Litigation Portal by Pro se Litigant
5A.19 Practice Directions and Practice Guides
PART 6 SERVICE OF OTHER DOCUMENTS
6.1 Who is to serve documents other than claim form
6.2 Method of service
6.3 Address for service
6.4 Serving documents where no address for service is given
6.5 Service of documents on person who is not a party
6.6 Deemed date of service
6.7 Proof of service
6.8 Power of court to dispense with service
6.9 Service of documents on Attorney General
PART 7 SERVICE OF COURT PROCESS OUT OF JURISDICTION
7.1 Scope of this Part
7.2 General rule as to service of court process out of jurisdiction
7.3 Service of court process out of jurisdiction in specified proceedings
7.4 Service out of jurisdiction with leave
7.5 Proceedings which include other types of claims
7.6 Certificate for service out of jurisdiction
7.7 Acknowledgment of service and defence where court process served out of jurisdiction
7.8 Application to set aside service under rule 7.2
7.9 Mode of service of court process– general provisions
7.10 Mode of service – alternative procedure
7.11 Power of court to dispense with service of court process
7.12 Service of court process through foreign governments, or judicial or consular authorities
7.13 Procedure where court process is to be served through foreign governments, etc.
7.14 Service of court process on a State
7.15 Translation of court process
7.16 Undertaking to be responsible for expenses of minister with responsibility for foreign affairs
7.17 Service of court documents other than court process
PART 8 HOW TO START PROCEEDINGS
8.1 The claimant – how to start proceedings
8.2 Statement of claim, etc. to be issued and served with claim form
8.3 Where to start proceedings
8.4 Right to make claim which includes two or more claims
8.5 Claim not to fail by adding or failing to add parties
8.6 What must be included in claim form
8.7 Claimant's duty to set out case
8.7 Claimant's duty to set out case
8.8 Permission to rely on allegation or factual argument
8.9 Certificate of value (small claims)
8.10 Special requirements applying to claims for personal injuries
8.11 Relator claims
8.12 Service of claim
8.13 Time within which claim may be served
8.14 Extension of time for serving a claim
8.15 Defence form, etc. must be served with claim form
8.16 Pre-action protocols
PART 9 ACKNOWLEDGMENT OF SERVICE AND NOTICE OF INTENTION TO DEFEND
9.1 Scope of this Part
9.2 Filing acknowledgment of service and consequence of not doing so
9.3 The period for filing acknowledgment of service
9.4 Notice to claimant of filing of acknowledgment of service
9.5 Contents of acknowledgment of service
9.6 Right to dispute jurisdiction of court not taken away by acknowledgment of service
9.7 Procedure for disputing court's jurisdiction
9.7 Procedure for disputing court's jurisdiction
9.8 Procedure for applying for a stay on the basis that the court should not exercise its jurisdiction
PART 10 DEFENCE AND COUNTERCLAIM
10.1 Scope of this Part
10.2 The defendant–filing defence and the consequences of not doing so
10.3 The period for filing defence
10.4 Service of copy of defence
10.5 Defendant's duty to set out case
10.5 Defendant's duty to set out case
10.6 Special requirements applying to claims for personal injuries
10.7 Consequences of not setting out defence
10.8 Defence of tender
10.9 Reply to defence
10.10 Defendant's counterclaim
10.10 Defendant's counterclaim
10.11 Defendant's counterclaim – service
10.11 Defendant's counterclaim – service
10.12 Restrictions on right to make counterclaim in proceedings by or against the Crown
10.13 Counterclaim may survive claim
10.14 Defence to counterclaim
10.15 Claimant's defence to counterclaim - service
10.15 Claimant's defence to counterclaim - service
PART 11 GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS
11.1 Scope of this Part
11.2 Applicants and respondents
11.3 Applications to be dealt with at case management conference
11.4 Time when application is made
11.5 Where to make application
11.6 Application to be in writing
11.7 What application must include
11.8 Notice of application and evidence in support
11.9 Evidence in support of application
11.10 Contents of notice of application
11.11 Service of application
11.12 Response to application
11.13 Amendments to application
11.14 Powers of court in relation to conduct of application
11.15 Power to strike out application
11.16 Consequence of not asking for order in application
11.17 Applications which may be dealt with without hearing
11.18 Service of application where order made on application made without notice
11.19 Applications to set aside or vary order made on application made without notice
11.20 Power of the court to proceed in absence of party
11.21 Application to set aside order made in absence of party
PART 12 DEFAULT JUDGMENTS
12.1 Scope of this Part
12.2 Claims in which default judgment may not be obtained
12.3 Cases in which permission required
12.4 Conditions to be satisfied – judgment for failure to file acknowledgment of service
12.5 Conditions to be satisfied – judgment for failure to defend
12.6 Conditions to be satisfied – judgment for failure to defend counterclaim
12.7 Admission of part – request for time to pay
12.8 Claim for specified sum of money
12.9 Claim against more than one defendant
12.10 Nature of default judgment
12.11 Procedure for obtaining default judgment
12.12 Interest
12.13 Costs
12.14 Defendant's rights following default judgment
12.14 Defendant's rights following default judgment
PART 13 SETTING ASIDE OR VARYING DEFAULT JUDGMENT
13.1 Scope of this Part
13.2 Cases where court must set aside default judgment
13.3 Cases where court may set aside or vary default judgment
13.4 Applications to vary or set aside default judgment – procedure
13.5 Court to impose condition as to filing of defence
13.6 Hearing to be treated as case management conference
13.7 Abandoned claims to be restored if default judgment set aside
PART 14 JUDGMENT ON ADMISSIONS
14.1 Making an admission
14.2 Satisfaction
14.3 Admissions where party a minor or patient
14.4 Admission by notice in writing – application for judgment
14.5 Admission in whole or in part of money claim
14.6 Admission of whole of claim for specified sum of money
14.7 Admission of part of claim for money only
14.8 Admission of liability to pay whole of claim for unspecified sum of money
14.9 Requests for time to pay
14.10 Requests for time to pay – procedure where time and rate agreed
14.11 Requests for time to pay – procedure where time and rate not agreed
14.12 Right of redetermination
14.13 Variation of order
PART 15 SUMMARY JUDGMENT
15.1 Scope of this Part
15.2 Grounds for summary judgment
15.3 Types of proceedings for which summary judgment is not available
15.4 Procedure
15.5 Evidence for purpose of summary judgment hearing
15.6 Powers of court on application for summary judgment
PART 16 ASSESSMENT OF DAMAGES
16.1 Scope of this Part
16.2 Assessment of damages after default judgment
16.3 Assessment of damages after admission of liability on claim for unspecified sum of money
16.4 Assessment of damages after direction for trial of issue of quantum
PART 17 INTERIM REMEDIES
17.1 Orders for interim remedies
17.2 Time when an order for interim remedy may be made
17.3 How to apply for interim remedy
17.4 Interim injunctions and similar orders
17.5 Interim payments – general procedure
17.6 Interim payments – conditions to be satisfied and matters to be taken into account
17.7 Powers of court where it has made an order for interim payment
17.8 Power of court to order early trial
PART 18 ANCILLARY CLAIMS
18.1 Meaning of ancillary claim
18.2 Ancillary claim to be treated as claim for purposes of these Rules
18.3 Defendant's claim for contribution or indemnity from co-defendant
18.3 Defendant's claim for contribution or indemnity from co-defendant
18.4 Procedure for making ancillary claim
18.5 Service of ancillary claim form
18.6 Defence to ancillary claim
18.7 Matters relevant to question whether ancillary claim should be dealt with separately from main claim
18.8 Effect of service of ancillary claim
18.9 Special provisions relating to judgment on failure to file defence to ancillary claim
18.10 Applications to vary or set aside judgment– procedure
18.11 Court to impose condition as to filing of defence
18.12 Procedural steps on service of ancillary claim on person who is not a party
18.13 Case management where there is defence to ancillary claim
PART 19 ADDITION AND SUBSTITUTION OF PARTIES
19.1 Scope of this Part
19.2 Change of parties – general
19.3 Procedure for adding and substituting parties
19.4 Special provisions about adding or substituting parties after end of relevant limitation period
PART 20 CHANGES TO STATEMENTS OF CASE
20.1 Changes to statement of case
20.2 Changes to statement of case after end of relevant limitation period
20.3 Filing an amended statement of case
20.4 Amendments to statements of case and time for service
PART 21 REPRESENTATIVE PARTIES
21.1 Representative claimants and defendants – general
21.2 Appointment of representative claimant or defendant – procedure
21.3 Consequence of order appointing representative party
21.4 Representation of persons who cannot be ascertained, etc. in proceedings about estates, trusts and construction of written instruments
21.5 Compromise in proceedings to which rule 21.4 applies
21.6 Representation of beneficiaries by trustees
21.7 Proceedings against estate of deceased person
21.8 Power of court to give directions to enable proceedings to be carried on after party's death
21.8 Power of court to give directions to enable proceedings to be carried on after party's death
21.9 Power of court to strike out claim after death of claimant
21.10 Death of defendant
PART 22 MISCELLANEOUS RULES ABOUT PARTIES
22.1 Partners
22.2 Person carrying on business in another name
22.3 Bodies corporate
PART 23 MINORS AND PATIENTS
23.1 Scope of this Part
23.2 Requirement of next friend in proceedings by or against minors or patients
23.3 Stage of proceedings at which next friend becomes necessary
23.4 Who may be minor's next friend
23.4 Who may be minor's next friend
23.5 Who may be patient's next friend
23.5 Who may be patient's next friend
23.6 Conditions for being next friend
23.7 How person becomes next friend without court order
23.8 How person becomes next friend by court order
23.9 Court's power to terminate appointment of and substitute next friend
23.9 Court's power to terminate appointment of and substitute next friend
23.10 Appointment of next friend by court order – supplementary
23.11 Procedure where appointment as next friend ceases
23.12 Compromise, etc. by or on behalf of minor or patient
23.13 Control of money recovered by or on behalf of minor or patient
PART 24 SECURITY FOR COSTS
24.1 Scope of this Part
24.2 Application for order for security for costs
24.3 Conditions to be satisfied
24.4 Security for costs against counter-claiming defendant
24.5 Enforcing order for security for costs
PART 25 CASE MANAGEMENT –THE OBJECTIVE
25.1 Court's duty to actively manage cases
PART 26 CASE MANAGEMENT –THE COURT'S POWERS
26.1 Court's general powers of management
26.1 Court's general powers of management
26.2 Court's power to make orders of its own initiative
26.2 Court's power to make orders of its own initiative
26.3 Sanctions–striking out statement of case
26.4 Court's general power to strike out statement of case
26.4 Court's general power to strike out statement of case
26.5 Judgment without trial after striking out
26.6 Setting aside judgment entered after striking out
26.7 Court's powers in cases of failure to comply with rules etc.
26.7 Court's powers in cases of failure to comply with rules etc.
26.8 Relief from sanctions
26.9 General power of court to rectify matters
PART 27 CASE MANAGEMENT CONFERENCES – PROCEDURE
27.1 Scope of this Part
27.2 Fixed date claims – first hearing
27.3 Case management conference
27.4 Attendance at case management conference or pre-trial review
27.5 Orders to be made at case management conference
27.6 Dispensing with case management conference in simple or urgent proceedings
27.7 Adjournment of case management conference
27.8 Variation of case management timetable
27.9 Listing questionnaire
27.10 Fixing trial date
PART 28 DISCLOSURE AND INSPECTION OF DOCUMENTS
28.1 Scope of this Part
28.2 Duty of disclosure limited to documents which are or have been in party's control
28.2 Duty of disclosure limited to documents which are or have been in party's control
28.3 Disclosure of copies
28.4 Standard disclosure
28.5 Specific disclosure
28.6 Criteria for ordering specific disclosure
28.7 Procedure for disclosure
28.8 Duty of legal practitioner
28.9 Requirement for maker to certify understanding of duty of disclosure
28.10 Disclosure in stages
28.11 Inspection and copying of listed documents
28.12 Duty of disclosure continuous during proceedings
28.13 Consequence of failure to disclose documents under order for disclosure
28.14 Claim of right to withhold disclosure or inspection of document
28.15 Restrictions on use of a privileged document inspection of which has been inadvertently allowed
28.16 Documents referred to in statements of case, etc.
28.17 Subsequent use of disclosed documents
28.18 Notice to prove document
PART 29 EVIDENCE
29.1 Power of court to control evidence
29.2 Evidence at trial – general rule
29.3 Evidence by video link or other means
29.4 Requirement to serve witness statements
29.5 Form of witness statements
29.6 Witness summaries
29.7 Procedure where one party does not serve witness statement by date directed
29.8 Witness to give evidence unless court otherwise orders
29.9 Amplifying witness statements at trial
29.10 Cross-examination on witness statement
29.11 Consequence of failure to serve witness statement or summary
29.12 Use of witness statement for other purposes
29.13 Notice to admit facts
PART 30 AFFIDAVITS
30.1 Affidavit evidence
30.2 Form of affidavits
30.3 Contents of affidavits
30.4 Documents to be used in conjunction with affidavits
30.5 Making of affidavits
30.6 Service of affidavits
PART 31 MISCELLANEOUS RULES ABOUT EVIDENCE
31.1 Use of plans, photographs, etc. as evidence
31.2 Evidence on questions of foreign law
31.3 Evidence of consent of trustee to act
31.4 Translation of documents
PART 32 EXPERTS AND ASSESSOR
32.1 Scope of this Part
32.2 General duty of court and of parties
32.3 Expert's overriding duty to court
32.3 Expert's overriding duty to court
32.4 Way in which expert's duty to court is to be carried out
32.4 Way in which expert's duty to court is to be carried out
32.5 Expert's right to apply to court for directions
32.5 Expert's right to apply to court for directions
32.6 Court's power to restrict expert evidence
32.6 Court's power to restrict expert evidence
32.7 General requirement for expert evidence to be given in written report
32.8 Written questions to experts
32.9 Court's power to direct evidence by single expert
32.9 Court's power to direct evidence by single expert
32.10 Cross-examination of court appointed expert
32.11 Instructions to single expert
32.12 Power of court to direct party to provide expert report
32.13 Expert's report to be addressed to court
32.13 Expert's report to be addressed to court
32.14 Contents of report
32.15 Meeting of experts
32.16 Consequence of failure to disclose expert's report
32.16 Consequence of failure to disclose expert's report
32.17 Appointment of assessor
PART 33 COURT ATTENDANCE BY WITNESSES AND DEPOSITIONS
33.1 Scope of this Part
33.2 Witness summonses
33.3 Issue of witness summons
33.4 Witness summons in aid of inferior court or tribunal
33.5 Time for serving witness summons
33.6 Compensation for loss of time
33.7 Evidence by deposition before examiner
33.8 Conduct of examination
33.9 Evidence without examiner being present
33.10 Enforcing attendance of witness
33.11 Special report
33.12 Fees and expenses of examiner
33.13 Order for payment of examiner's fees
33.13 Order for payment of examiner's fees
33.14 Use of deposition at hearing
33.15 Where person to be examined is out of the jurisdiction – letter of request
33.16 Early appointment to produce documents
PART 34 REQUESTS FOR INFORMATION
34.1 Right of parties to obtain information
34.2 Orders compelling reply to request for information
34.3 Information obtained under Part 34 not to be used in other proceedings
34.4 Certificate of truth
PART 35 OFFERS TO SETTLE
35.1 Scope of this Part
35.2 Introductory
35.3 Making offer to settle
35.4 Time when offer to settle may be made
35.5 Procedure for making offer to settle
35.6 Extent to which offer to settle covers interest, costs or counterclaim
35.7 Offer to settle made after interim payment
35.8 Offer to settle part of claim
35.9 Time limit for accepting offer to settle
35.10 Procedure for acceptance
35.11 Effect of acceptance – generally
35.12 Effect of acceptance – more than two parties
35.13 Costs of offeror and offeree where offer is accepted – defendant's offer
35.13 Costs of offeror and offeree where offer is accepted – defendant's offer
35.14 Costs of offeror and offeree where offer is accepted – claimant's offer
35.15 Costs where offer not accepted – general rules
35.16 How costs are to be dealt with
PART 36 PAYMENTS INTO COURT TO SUPPORT OFFERS UNDER PART 35 AND UNDER COURT ORDER
36.1 Scope of this Part
36.2 Payments into court to support offers to settle
36.3 Right to payment out on acceptance of offer
36.4 Cases where payment out requires court order
36.5 Money paid into court under order
36.6 Money paid into court as condition for permission to defend or to continue to defend
36.7 Proceedings under Fatal Accidents Acts
PART 37 DISCONTINUANCE
37.1 Scope of this Part
37.2 Right to discontinue claim
37.3 Procedure for discontinuing
37.4 Right to apply to have notice of discontinuance set aside
37.5 Effect of discontinuance
37.6 Liability for costs
37.7 Quantification of costs
37.8 Discontinuance and subsequent proceedings
PART 38 PRE-TRIAL REVIEW
38.1 Scope of this Part
38.2 Direction for pre-trial review
38.3 Rules relating to case management conference to apply
38.4 Who is to conduct pre-trial review
38.5 Parties to prepare pre-trial memorandum
38.6 Directions at pre-trial review
PART 38A JUDICIAL SETTLEMENT CONFERENCES
38A.1 Scope of this Part
38A.2 Docketing for judicial settlement conferences
38A.3 Court may assist in negotiating for settlement before a hearing
38A.4 Court may assist in negotiating for settlement during a hearing
38A.5 Directions for mediation or other alternative dispute resolution mechanism
38A.6 Rules relating to case management conferences to apply
38A.7 Confidentiality
38A.8 Preparation for judicial settlement conference
38A.9 Attendance at judicial settlement conference
38A.10 Non-attendance at judicial settlement conference and costs consequences
38A.11 Judicial settlement conference directions
38A.12 Conclusion of judicial settlement conference
38A.13 Where judicial settlement conference is unsuccessful
38A.14 Costs
PART 39 TRIAL
39.1 Documents for use at trial
39.2 Cross-examination
39.3 Written submissions
39.4 Failure of party to attend trial
39.5 Applications to set aside judgment given in party's absence
39.5 Applications to set aside judgment given in party's absence
39.6 Adjournment of trial
39.7 Inspection
PART 40 APPOINTMENT OF REFEREE TO INQUIRE AND REPORT
40.1 Power to order trial before referee
40.2 Reference to referee to inquire and report
40.3 Appointment of referee
40.4 Conduct of reference
40.5 Report following reference
40.6 Consideration of report by court
40.7 Restrictions on appointment of referee in a claim by or against Crown
PART 41 ACCOUNTS AND INQUIRIES
41.1 Scope of this Part
41.2 Directions for account
41.3 Verification of account
41.4 Notice of omissions
41.5 Allowances
41.6 Delay
41.7 Distribution before entitlement ascertained
PART 42 JUDGMENTS AND ORDERS
42.1 Scope of this Part
42.2 Parties present when order made or notified of terms to be bound
42.3 Practice forms to be used where available
42.4 Standard requirements
42.5 Drawing of judgments and orders
42.6 Service of orders
42.7 Consent judgments and orders
42.8 Time when judgment or order takes effect
42.9 Time for complying with judgment or order
42.10 Correction of errors in judgments or orders
42.11 Cases where court gives judgment both on claim and counterclaim
42.12 Service of copy order or judgment on person not a party
PART 43 ENFORCEMENT – GENERAL PROVISIONS
43.1 Scope of this Part
43.2 Procedure for beginning enforcement
43.3 Judgment subject to conditions
43.4 Separate enforcement for costs
43.5 Effect of setting aside judgment or order
43.6 Court's powers where person ordered to do act fails to comply
43.6 Court's powers where person ordered to do act fails to comply
43.7 Judgment for sum in foreign currency
43.8 Enforcement by or against person who is not a party
43.9 Enforcement against partnership
43.10 Enforcement of awards, etc. made by an outside body
43.11 Recognition and enforcement of awards made by a foreign body
43.12 Application for recognition and enforcement
PART 44 ORAL EXAMINATION IN AID OF ENFORCEMENT
44.1 Scope of this Part
44.2 Who may be orally examined
44.3 Procedure to obtain order for oral examination
44.4 Order for oral examination
44.5 Conduct of oral examination
44.6 Order for payment by instalments
44.7 Financial position notice
PART 45 HOW JUDGMENTS MAY BE ENFORCED
45.1 Scope of this Part
45.2 How money judgments may be enforced
45.3 Enforcement of orders for payment of money into court
45.4 Enforcement of judgments and orders for possession of land
45.5 Enforcement of judgments and orders for delivery of goods
45.6 Enforcement of judgments and orders requiring person to do act within specified time or not to do act
45.7 Enforcement of judgments and orders requiring body corporate to do act within specified time or not to do act
PART 46 GENERAL RULES ABOUT WRITS OF EXECUTION
46.1 Meaning of “writ of execution”
46.2 Permission required to enforce in certain cases
46.3 Application for permission to enforce
46.4 Amount to be recovered on enforcement
46.5 Enforcement of judgment or order requiring judgment debtor to do two or more different things
46.6 Enforcement of judgment for payment by instalments
46.7 No writ of execution for goods or payment of assessed value unless court has assessed value
46.8 Order for specific delivery
46.9 Period for which writ of execution valid
46.10 Renewal of writ of execution
46.11 Period for which court may renew writ of execution
46.12 Effective date of renewed writ unchanged
46.13 Claims to goods seized under writ of execution
46.14 Suspension of writ of execution at request of judgment creditor
46.15 Return to writ of execution
PART 47 VARIATION OF TERMS OF JUDGMENTS AND SUSPENSION OF WRITS
47.1 Scope of this Part
47.2 Applications to vary time and method of payment or to suspend order for seizure and sale of goods or writ of delivery
47.3 Where no objection except as to terms – procedure
47.4 Application for redetermination of court's decision
47.4 Application for redetermination of court's decision
47.5 Where judgment creditor objects to variation or suspension
47.6 Pre-suspension costs
47.7 Judgment creditor's right to re-issue writ of execution
47.7 Judgment creditor's right to re-issue writ of execution
PART 48 CHARGING ORDERS
48.1 Scope of this Part and definitions
48.2 How to apply for charging order
48.3 Evidence in support of application for charging order
48.4 Single charging order for more than one judgment debt
48.5 Procedure for making provisional charging order
48.6 Interested persons
48.7 Service of provisional charging orders and of copies
48.8 Making of final charging order
48.9 Effect of provisional or final charging order
48.10 Discharge or variation of final charging order
48.11 Enforcement of charging order by sale
PART 49 STOP NOTICES AND STOP ORDERS
49.1 Scope of this Part
49.2 Right to apply for stop notice
49.3 Procedure for obtaining stop notice
49.4 Service
49.5 Amendment of stop notice
49.6 Withdrawal or discharge of stop notice
49.7 Stop orders
49.8 Procedure on application for stop order
49.9 Power to vary or discharge stop order
PART 50 ATTACHMENT OF DEBTS
50.1 Scope of this Part
50.2 Circumstances in which court may make order for attachment of debts
50.3 Procedure – making of provisional order
50.4 Money in bank accounts, etc.
50.5 Joint funds
50.6 Presumption of equal shares in joint funds
50.7 Attachment of debts owed by firm
50.8 Service of provisional order
50.9 Effect of provisional order
50.10 Obligations of third parties served with provisional order
50.11 Hearing to consider making final order
50.12 Claim to a debt by person other than judgment debtor
50.13 Enforcement against garnishee
50.14 Discharge of garnishee's debt to judgment debtor
50.14 Discharge of garnishee's debt to judgment debtor
50.15 Costs of attachment of debts proceedings
50.16 Money in court
PART 51 APPOINTMENT OF RECEIVER
51.1 Scope of this Part
51.2 Application for appointment of receiver and injunction
51.3 Conditions for appointment of receiver
51.4 Giving of security by receiver
51.5 Remuneration of receiver
51.6 Receiver's powers
51.6 Receiver's powers
51.7 Accounts of receiver
51.8 Payment of balance into court
51.9 Default by receiver
PART 52 JUDGMENT SUMMONSES
52.1 Scope of this Part
52.2 Hearing to be in open court
52.3 Issue of judgment summons
52.4 Service of judgment summons
52.5 Hearing of judgment summons
52.6 Failure to comply with instalment order
52.7 Restored hearing of judgment summons
PART 53 COMMITTAL AND SEQUESTRATION
53.1 Scope of this Part
53.2 Order specifying time for act to be done
53.3 When committal order or sequestration order may be made
53.4 Committal order or sequestration order against officer of body corporate
53.5 Making committal order or sequestration order when judgment or order not served
53.6 Undertakings
53.7 Application for committal order or sequestration order
53.8 Service of notice of hearing
53.9 Powers of the court
53.10 Restoration of adjourned hearing
53.11 Application for enforcement of suspended committal order or order for sequestration
53.12 Special provisions relating to order for sequestration order
PART 54 INTERPLEADER
54.1 Scope of this Part
54.2 Claim to goods taken in execution
54.3 How to interplead
54.4 Service of Interpleader application
54.5 Powers of the court
54.6 Power to order sale of goods taken in execution
PART 55 SALE OF LAND BY ORDER OF COURT
55.1 Scope of this Part
55.2 Application for order for sale
55.3 Hearing of application
55.4 Order for sale
55.5 Directions
55.6 Further directions
PART 56 ADMINISTRATIVE LAW
56.1 Scope of this Part
56.2 Who may apply for judicial review
56.3 How to make application for administrative order
56.4 Delay
56.5 Proceedings by way of claim which should be application for administrative order
56.6 Joinder of claims for other relief
56.7 Service of claim form for administrative order
56.8 Evidence in answer
56.9 First hearing
56.10 Applications
56.11 Hearing of application for administrative order
56.12 Special provisions relating to orders for judicial review
PART 57 HABEAS CORPUS
57.1 Scope of this Part
57.2 Application for issue of writ of Habeas Corpus
57.3 Power of court
57.4 Service of writ
57.5 Return to writ
57.6 Powers of court on hearing writ
57.7 Bringing up prisoner to give evidence, etc.
PART 58 DEFAMATION CLAIMS
58.1 Scope of this Part
58.2 Claimant's statement of claim
58.2 Claimant's statement of claim
58.3 Defendant's statement of case
58.3 Defendant's statement of case
58.4 Ruling on meaning
58.5 Payments into court and offers
58.6 Statement in open court
58.7 Requests for information
58.8 Evidence to mitigate damages
PART 59 PROCEEDINGS BY AND AGAINST THE CROWN
59.1 Scope of this Part
59.2 Service of claim form
59.3 Claimant's duty to give particulars
59.4 Applications in certain revenue matters
59.5 Proceedings relating to postal packets
59.6 Applications under section 24(2) or section 25(2) of the Act
PART 60 APPEALS TO THE HIGH COURT
60.1 Scope of this Part
60.2 How to appeal to the court
60.3 Effect of appeal
60.4 Persons on whom claim form must be served
60.5 Time within which claim form must be served
60.6 Amendment of claim form
60.7 First hearing
60.8 Hearing of appeal
60.9 Right of minister to be heard
PART 61 APPEALS TO THE COURT BY WAY OF CASE STATED
61.1 Scope of this Part
61.2 Application for order to state a case
61.3 Persons on whom application must be served
61.4 Time within which application must be served
61.5 Signing and service of case
61.6 How to commence proceedings in the High Court to determine a case
61.7 How to commence proceedings in the Court of Appeal to determine a case
61.8 Determination of case
61.9 Time within which case must be stated
PART 62 APPEALS TO THE COURT OF APPEAL
62.1 Scope of this Part
62.2 How to obtain leave to appeal
62.3 How to appeal
62.4 Method of filing documents in an appeal
62.5 Contents of notice of appeal
62.6 Time for filing notice of appeal
62.7 Summary appeal
62.8 Expedited appeals
62.9 Service of notice of appeal
62.10 Counter notice
62.11 Respondent's notice
62.11 Respondent's notice
62.12 Action to be taken on receipt of notice of appeal
62.13 Interlocutory appeal
62.14 Skeleton arguments
62.15 The record – appeals from the High Court
62.16 The record – appeals from Magistrates' Courts
62.16 The record – appeals from Magistrates' Courts
62.17 Case management
62.18 Interlocutory applications to court
62.19 Powers of single judge of the court, master and Chief Registrar to make certain orders
62.20 Variation, discharge or revocation of an order, direction or decision of a single judge
62.21 Security for costs of appeal
62.22 Non-disclosure of payment into court, etc.
62.23 Stay of execution
62.24 General powers of the court
62.25 Failure of party to attend appeal
62.26 Application to set aside decision made in party's absence
62.26 Application to set aside decision made in party's absence
62.27 Adjournment of appeal
62.28 Certificate of result of appeal or application
62.29 Withdrawal or discontinuance
62.30 Liability for costs on withdrawal or discontinuance
PART 63 CHANGE OF LEGAL PRACTITIONER
63.1 Scope of this Part
63.2 Change of legal practitioner
63.3 Notice of appointment of legal practitioner
63.4 Party acting in person
63.5 Application by another party to remove legal practitioner from record
63.6 Application by legal practitioner to be removed from record
63.7 Time when notice or order takes effect
PART 64 COSTS – GENERAL
64.1 Scope of this Part
64.2 Definitions and application
64.3 Orders about costs
64.4 Costs where there is an appeal
64.5 Entitlement to recover costs
64.6 Successful party generally entitled to costs
64.7 Two or more parties having same interest
64.8 Wasted costs orders
64.9 Court's powers in relation to wasted cost orders
64.9 Court's powers in relation to wasted cost orders
64.10 Costs against person who is not a party
PART 65 COSTS – QUANTIFICATION
65.1 Scope of this Part
65.2 Basis of quantification
65.3 Ways in which costs are to be quantified
65.4 Fixed costs
65.5 Prescribed costs
65.6 Applications to determine value of claim for purpose of prescribed costs
65.7 What is included in prescribed costs
65.8 Budgeted costs
65.9 Client's consent to application for budgeted costs
65.9 Client's consent to application for budgeted costs
65.10 What is included in costs budget
65.11 Assessed costs – procedural applications
65.12 Assessed costs— general
65.13 Commencement of detailed assessment proceedings
65.14 Points of dispute
65.15 Assessment of costs
65.16 Administrative fees
65.17 Determination of Assessment
65.18 Appeals from Assessment
65.19 Procedure where costs are agreed
65.20 Costs of proceedings in Court of Appeal
65.21 Costs capping orders — General
65.22 Application for a costs capping order
65.23 Application to vary a costs capping order
PART 66
66.1 Scope of this Part
66.2 Mortgage claim to be by fixed date claim
66.3 Evidence at first hearing
66.4 Claim for possession or payment of mortgage debt
PART 67 ADMINISTRATION CLAIMS
67.1 Scope of this Part
67.2 Parties
67.3 Claims by third parties
67.4 Determination of questions without administration claim
67.5 Judgments and orders in administration claims
67.6 Conduct of sale of trust property
PART 68 CONTENTIOUS PROBATE PROCEEDINGS
68.1 Scope of this Part
68.2 How to commence probate proceedings
68.3 Parties to proceedings for revocation of grant
68.4 Lodgement of grant in proceedings for revocation
68.5 Affidavit of testamentary scripts
68.6 Failure to file acknowledgment of service
68.7 Counterclaim
68.8 Contents of statements of case
68.9 Discontinuance and dismissal
68.10 Compromise of claim: trial on affidavit evidence
68.11 Application for order to bring in will, etc.
68.12 Probate counterclaim in other proceedings
PART 69 COMMERCIAL DIVISION RULES (TERRITORY OF THE VIRGIN ISLANDS
69.1 Scope of this Part and Interpretation
69.2 Commercial list
69.3 Application of the Civil Procedure Rules
69.4 Proceedings in the commercial list
69.5 Statement of value
69.6 Defence
69.7 Disclosure – ship's papers
69.7 Disclosure – ship's papers
69.8 Judgments and orders
PART 70 COMMERCIAL CLAIMS – PROCEDURE
70.1 Scope of this Part
70.2 Allocation to the Commercial List
70.3 Headings of documents
70.4 Disapplications and modifications having general effect in commercial matters
70.5 Ordinary applications in commercial matters
70.6 Originating applications
70.7 Case management conferences
70.8 Pre-trial review
70.9 Trial bundles
70.10 Costs — general
70.11 Costs – ordinary applications
70.12 Costs — trials
70.13 Payment on account of costs
70.14 Conduct of assessment
PART 71 COMMERCIAL CLAIMS (COMMERCIAL DIVISION OF SAINT LUCIA)
71.1 Scope of this Part
71.2 Commercial list
71.3 Proceedings in the Commercial Division
71.4 Certificate of value
71.5 Defence
71.6 Judgments and orders
71.7 Headings of documents
71.8 Exceptions and modifications for commercial claims
71.9 Applications in commercial claims
71.10 Case management conference in commercial claims
71.11 Pre-trial review
71.12 Trial bundles
71.13 Costs — general
71.14 Application for assessment
PART 72 ADMIRALTY PROCEEDINGS
72.1 Scope of this Part
72.2 Claims to be dealt with under this Part
72.3 Admiralty claims in rem
72.4 How to make Admiralty claim
72.5 Service of claim form in rem
72.6 Service on ships, etc. — how effected
72.7 Service of claim form out of jurisdiction
72.8 Acknowledgment of service
72.9 Warrant of arrest
72.10 Caveat against arrest
72.11 Committal of legal practitioner for failing to comply with undertaking
72.12 Execution etc. of warrant of arrest
72.13 Directions with respect to property under arrest
72.14 Release of property under arrest
72.15 Caveat against release etc.
72.16 Duration of caveats
72.17 Bail
72.18 Intervenors
72.19 Preliminary acts
72.20 Failure to file preliminary act: proceedings against party in default
72.21 Special provisions as to statements of case in collision, etc. proceedings
72.22 Judgment by default
72.23 Order for sale of ship: determination of priority of claims
72.24 Appraisement and sale of property
72.25 Undertakings as to expenses, etc.
72.26 Payment into and out of court
72.27 Case management conference
72.28 Trial
72.29 Stay of proceedings in collision, etc. proceedings until security given
72.30 Inspection of ship, etc.
72.31 Examination of witnesses and other persons: evidence by affidavit
72.32 Proceedings for apportionment of salvage
72.33 Applications in proceedings in rem
72.34 Limitation proceedings: parties
72.35 Limitation proceedings: payments into court
72.36 Application for decree or directions in limitation proceedings
72.37 Limitation proceedings: proceedings under decree
72.38 Limitation proceedings: proceedings to set aside decree
PART 73 OBTAINING EVIDENCE FOR FOREIGN COURTS
73.1 Scope of this Part
73.2 Application for order
73.3 Application by Attorney General in certain cases
73.4 Person to take and manner of taking examination
73.5 Dealing with depositions
73.6 Claim to privilege
PART 74 RECIPROCAL ENFORCEMENT OF JUDGMENTS
74.1 Scope of this Part
74.2 Application for registration
74.3 Security for costs
74.4 Order for registration
74.5 Register of judgments
74.6 Notice of registration
74.7 Application to set aside registration
74.8 Issue of execution
74.9 Certified copy of High Court judgment for enforcement in another country
75.1 Scope of this Part
75.2 New proceedings
75.3 Old proceedings
75.4 Exercise of discretion
Eastern Caribbean Supreme Court (Bail) Rules – Section 17 (Statutory Instrument 128/2023)
1. Citation and commencement
2. Interpretation
3. Overarching principles
4. Application of Rules
5. Application relating to bail
6. Hearing of application
7. Considerations for the grant of bail
8. Bail applications for indigent and unrepresented persons
9. Assistance by the Commissioner
10. Waiver of bail application fees for indigent and unrepresented persons
11. Bail application forms
12. Application of these Rules to Saint Lucia
Schedule