2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

10.5   Defendant's duty to set out case

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    (1)   The defence must set out all the facts on which the defendant relies to dispute the claim.

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    (2)   Such statement must be as short as practicable.

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    (3)   In the defence the defendant must say which (if any) allegations in the claim form or statement of claim —

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      (a)     are admitted;

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      (b)     are denied;

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      (c)     are neither admitted nor denied, because the defendant does not know whether they are true; and

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      (d)     the defendant wishes the claimant to prove.

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    (4)   If the defendant denies any of the allegations in the claim form or statement of claim —

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      (a)     the defendant must state the reasons for doing so; and

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      (b)     if the defendant intends to prove a different version of events from that given by the claimant, the defendant's own version must be set out in the defence.

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    (5)   If, in relation to any allegation in the claim form or statement of claim, the defendant does —

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      (a)     admit it; or

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      (b)     deny it and put forward a different version of events,

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    the defendant must state the reasons for resisting the allegation.

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    (6)   The defendant must identify in or annex to the defence any document which is considered to be necessary to the defence.

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    (7)   A defendant who defends in a representative capacity must say —

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      (a)     what that capacity is; and

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      (b)     whom the defendant represents.

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    (8)   The defendant must verify the facts set out in the defence by a certificate of truth in accordance with rule 3.11.