2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

14.11   Requests for time to pay – procedure where time and rate not agreed

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    (1)   This rule applies where —

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      (a)     the only remedy which the claimant seeks is the payment of a sum of money together with interest and costs;

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      (b)     the defendant —

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        (i)     admits the whole of a claim for a specified sum of money, or

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        (ii)     offers to pay a specified sum, and

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        (iii)     requests time to pay or makes an offer to pay by instalments; and

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      (c)     the claimant accepts the sum admitted but does not accept the defendant's offer as to the amount, time and rate of payment.

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    (2)   If this rule applies, the claimant must state in the request for judgment in Form 7 the reasons for objecting to the defendant's proposals as to payment.

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    (3)   The court must consider the defendant's request and the claimant's objections and enter judgment for the amount of the claim, interest and fixed costs under rule 65.4 on such terms as it sees fit.

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    (4)   The general rule is that the court should enter judgment under paragraph (3) without a hearing.

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    (5)   If the court decides to deal with the matter at a hearing, it must give the parties at least 7 days' notice of the hearing.

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    (6)   If there is a hearing, the court must determine whether to make an order for the costs of the application and by whom the costs should be paid and assess such costs under rule 65.11.

•     The claimant is entitled to fixed costs on the judgment in accordance with Part 65, Appendix A.