2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

17.1   Orders for interim remedies

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    (1)   The court may grant interim remedies including —

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      (a)     an interim declaration;

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      (b)     an interim injunction;

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      (c)     an order authorizing a person to enter any land or building in the possession of a party to the proceedings for the purposes of carrying out an order under subparagraph (h);

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      (d)     an order directing a party to prepare and file accounts relating to the dispute;

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      (e)     an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing order;

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      (f)     an order for a specified fund to be paid into court or otherwise secured where there is a dispute over a party's right to the fund;

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      (g)     an order for interim costs;

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      (h)     an order for the —

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        (i)     carrying out of an experiment on or with relevant property,

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        (ii)     detention, custody or preservation of relevant property,

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        (iii)     inspection of relevant property,

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        (iv)     payment of income from relevant property until a claim is decided,

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        (v)     sale of relevant property (including land) which is of a perishable nature or which for any other good reason it is desirable to sell quickly,

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        (vi)     taking of a sample of relevant property;

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      (i)     an order permitting a party seeking to recover personal property to pay a specified sum of money into court pending the outcome of the proceedings and directing that, if the party does so, the property must be given up to the party;

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      (j)     an order (referred to as a “freezing order”) restraining a party from —

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        (i)     dealing with any asset whether located within the jurisdiction or not,

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        (ii)     removing from the jurisdiction assets located there;

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      (k)     an order to deliver up goods;

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      (l)     an order (referred to as a “search order”) requiring a party to admit another party to premises for the purpose of preserving evidence, etc.;

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      (m)     an order (referred to as an “order for interim payment”) under rules 17.5 and 17.6 for payment by a defendant on account of any damages, debt or other sum which the Court may find the defendant liable to pay.

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    (2)   In paragraph (1)(e) and (h), “relevant property” means property which is the subject of a claim or in relation to which any question may arise on a claim.

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    (3)   The fact that a particular type of interim remedy is not listed in paragraph (1) does not affect any power that the court may have to grant that remedy.

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    (4)   The court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.

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    (5)   The Chief Justice may issue a practice direction as to the procedure for applying for an interim order including, in particular, interim injunctions, search orders and freezing orders.

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    (6)   The Chief Justice may issue a practice direction setting out the standard form for a freezing order.