2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

17.2   Time when an order for interim remedy may be made

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    (1)   An order for an interim remedy may be made at any time, including —

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      (a)     after judgment has been given; or

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      (b)     before a claim has been made.

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    (2)   Paragraph (1) is subject to any rule which provides otherwise.

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    (3)   The court may grant an interim remedy before a claim has been made only if —

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      (a)     the matter is urgent; or

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      (b)     it is otherwise necessary to do so in the interests of justice.

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    (4)   Unless the court otherwise orders, a defendant may not apply for any of the orders listed in rule 17.1(1) before filing an acknowledgment of service under Part 9.

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    (5)   If the court grants an interim remedy before a claim has been issued, it must require an undertaking from the claimant to issue and, unless the court otherwise directs, serve a claim form by a specified date before the date fixed for further consideration of the application.

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    (6)   If no claim has been issued and the applicant wishes to serve the order out of the jurisdiction, the applicant must set out the basis of the claim and file a copy of the signed certificate pursuant to rule 7.6.

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    (7)   If no claim has been issued, the application must be made in accordance with the general rules about applications contained in Part 11.