2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

17.4   Interim injunctions and similar orders

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    (1)   This rule deals with applications for —

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      (a)     an interim injunction under rule 17.1(1) (b);

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      (b)     a freezing order under rule 17.1 (1) (j);

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      (c)     a search order under rule 17.1(1)(1);

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      (d)     an order authorising a person to enter any land or building for the purpose of carrying out an order under paragraph (e); and

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      (e)     an order for the detention, custody or preservation of relevant property under rule 17.1(1)(h)(ii).

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    (2)   Unless the court otherwise directs, a party applying for an interim order under this rule must undertake to abide by any order as to damages caused by the granting or extension of the order.

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    (3)   An application for an interim order under this rule may in the first instance be made on 3 days' notice to the respondent.

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    (4)   The court may grant an interim order under this rule on an application made without notice for a period of not more than 28 days (unless any of these rules permits a longer period) if it is satisfied that —

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      (a)     in a case of urgency no notice is possible; or

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      (b)     that to give notice would defeat the purpose of the application.

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    (5)   On granting an order under paragraph (4) the court must —

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      (a)     fix a date for further consideration of the application; and

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      (b)     fix a date (which may be later than the date under paragraph (a)) on which the injunction will terminate unless a further order is made on the further consideration of the application.

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    (6)   When an order is made under paragraph (4), the applicant must, not less than 7 days before the date fixed for further consideration of the application, serve the respondent personally with —

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      (a)     the application for an interim order;

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      (b)     the evidence on affidavit in support of the application;

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      (c)     any interim order made without notice; and

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      (d)     notice of the date and time on which the court will further consider the application.

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    (7)   An application to extend an interim order under this rule must be made on notice to the respondent unless the court otherwise orders.