2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

13.3   Cases where court may set aside or vary default judgment

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    (1)   The court may set aside a judgment entered under Part 12 only if the defendant has a real prospect of successfully defending the claim.

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    (2)   In determining whether to set aside under paragraph (1), the court may consider if the defendant —

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      (a)     applied to the court as soon as reasonably practicable after finding out that judgment has been entered; and

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      (b)     gives a good explanation for the failure to file an acknowledgement of service or a defence, as the case may be.

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    (3)   In any event, the court may set aside a judgment entered under Part 12 if the defendant satisfies the court that there are exceptional circumstances.

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    (4)   Where this rule gives the court power to set aside a judgment, the court may instead vary it.

•     Rule 26.1(3) enables the court to attach conditions to any order.