2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

19.3   Procedure for adding and substituting parties

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    (1)   The court may add, substitute or remove a party on or without an application.

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    (2)   An application for permission to add, substitute or remove a party may be made by —

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      (a)     an existing party; or

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      (b)     a person who wishes to become a party.

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    (3)   An application for an order under rule 19.2(5) (substitution of new party where existing party's interest or liability has passed) may be made without notice but must be supported by evidence on affidavit.

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    (4)   A person may not be added or substituted as a claimant unless that person's written consent is filed with the court office.

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    (5)   An order for the addition, substitution or removal of a party must be served on —

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      (a)     all parties to the proceedings;

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      (b)     any party added or substituted; and

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      (c)     any other person affected by the order.

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    (6)   If the court makes an order for the removal, addition or substitution of a party, it must consider whether to give consequential directions about —

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      (a)     filing and serving the claim form and any statements of case on any new defendant;

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      (b)     serving relevant documents on the new party; and

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      (c)     the management of the proceedings; and subject to such directions, rule 19.2(2) applies.

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    (7)   If the —

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      (a)     court makes an order for the addition or substitution of a new defendant; and

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      (b)     claim form is served on the new defendant,

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    these rules apply to the new defendant as they apply to any other defendant.