2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

17.5   Interim payments – general procedure

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    (1)   The claimant may not apply for an order for an interim payment before the end of the period for entering an acknowledgment of service applicable to the defendant against whom the application is made.

•     Rule 9.3 sets out the period for filing an acknowledgment of service.

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    (2)   The claimant may make more than one application for an order for an interim payment even though an earlier application has been refused.

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    (3)   Notice of an application for an order must be —

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      (a)     served at least 14 days before the hearing of the application; and

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      (b)     supported by evidence on affidavit.

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    (4)   The affidavit must —

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      (a)     exhibit any documentary evidence relied on by the claimant in support of the application;

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      (b)     set out the grounds of the application;

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      (c)     state the claimant's assessment of the amount of damages or other monetary judgment that are likely to be awarded; and

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      (d)     (if the claim is made under any relevant enactment in respect of injury resulting in death) contain full particulars of the —

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        (i)     nature of the claim in respect of which the damages are sought to be recovered, and

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        (ii)     person or persons for whom and on whose behalf the claim is brought.

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    (5)   If the respondent to an application for an interim payment wishes to rely on evidence or the claimant wishes to rely on evidence in reply, that party must —

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      (a)     file the evidence on affidavit; and

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      (b)     serve copies on every other party to the application,

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    at least 7 days before the hearing of the application.

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    (6)   The court may order an interim payment to be made in one sum or by instalments.