2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

12.5   Conditions to be satisfied – judgment for failure to defend

The court office at the request of the claimant must enter judgment for failure to defend if —

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    (a)     (i)     the claimant proves service of the claim form and statement of claim or proves that service is dispensed with, or

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      (ii)     an acknowledgment of service has been filed by the defendant against whom judgment is sought;

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    (b)     the period for filing a defence and any extension agreed by the parties or ordered by the court has expired;

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    (c)     the defendant has not —

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      (i)     filed a defence to the claim or any part of it (or the defence has been struck out or is deemed to have been struck out under rule 22.1(6)), or

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      (ii)     (if the only claim is for a specified sum of money) filed or served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay it; or

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      (iii)     satisfied the claim on which the claimant seeks judgment;

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    (d)     (where necessary) the claimant has the permission of the court to enter judgment; and

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    (e)     the claim is not a claim listed under rule 12.2 in which default judgment may not be obtained.