2.4 Definitions
In these Rules, unless otherwise provided for or the context otherwise requires —
“ADR procedure” means any procedure for alternative dispute resolution including, in particular, mediation;
“ancillary claim” has the meaning given in rule 18.1;
“ancillary claimant” has the meaning given in rule 18.1;
“ancillary defendant” and “second ancillary defendant” have the meanings given in rule 18.1;
“applicant” has the meaning given in rule 11.2;
“application” has the meaning given in rule 11.2;
“body corporate” means a company or other body corporate wherever or however incorporated, other than a corporation sole, and includes a limited company unless a rule otherwise provides;
“certificate of value” has the meaning given in rule 8.8;
“Chief Justice” includes, in relation to any period in which the office of Chief justice is vacant, the person for the time being performing the functions of the Chief Justice;
“circuit” means —
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(a) the Saint Christopher circuit; and
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(b) the Nevis circuit,
in the State of Saint Christopher and Nevis;
“claim” is to be construed in accordance with Part 8;
“claim form” is to be construed in accordance with Part 8;
“claim for a specified sum of money” means —
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(a) a claim for a sum of money that is ascertained or capable of being ascertained as a matter of arithmetic and is recoverable under a contract; and
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(b) for the purposes of Parts 12 (default judgments) and 14 (judgment on admissions), a claim for —
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(i) the cost of repairs executed to a vehicle,
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(ii) the cost of repairs executed to any property in, on or abutting a road, or
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(iii) other actual financial loss other than loss of wages or other Income,
claimed as a result of damage which is alleged to have been caused in an accident as a result of the defendant's negligence where the amount of each item in the claim is specified and copies of receipted bills for the amounts claimed are attached to the claim form or statement of claim;
“claim for personal injuries” means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person's death;
“claimant” means a person who makes a claim and, in relation to any proceedings commenced before these Rules came into force, includes a plaintiff in an action or the petitioner or applicant in any proceedings commenced by petition, originating summons or motion;
“Constitution” means the Constitution of the relevant Member State or Territory;
“court” means the High Court and, where the context so admits and in Part 62, the Court of Appeal;
“court office” refers to —
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(a) the place where documents are to be filed, etc. and includes a Registry of the High Court and of the Court of Appeal; and
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(b) members of the court staff who carry out work of a formal administrative nature under rule 2.6(1);
“Crown” for the purpose of these Rules includes the Commonwealth of Dominica;
“defendant” means a person against whom a claim is made and, in relation to proceedings commenced before these Rules came into force, includes a respondent to any petition, originating summons or motion;
“external company” means any incorporated body of persons that is formed under the laws of a country other than a Member State or Territory;
“filing” is to be construed in accordance with rule 3.7;
“fixed date claim form” is a claim form in Form 2 upon which there is stated a date, time and place for the first hearing of the claim.
“Hague Convention” means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965;
“judge” —
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(a) includes —
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(i) the Chief Justice, and
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(ii) in the case of Part 62, a judge of the Court of Appeal;
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(b) does not include a master except where required by the context;
“judgment creditor” has the meaning given in rule 43.1;
“judgment debtor” has the meaning given in rule 43.1;
“jurisdiction” means the jurisdiction of the court as extending throughout the Member States and Territories and any part of their territorial waters;
“legal practitioner” includes a King's or Senior Counsel, a barrister at law, a solicitor, an attorney at law and a notary royal;
“limited company” means a body corporate that is incorporated or continued under the relevant legislation relating to companies in each Member State or Territory;
“master” means a master of the Eastern Caribbean Supreme Court;
“Member States” means —
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(a) Antigua and Barbuda;
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(b) Commonwealth of Dominica;
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(c) Grenada;
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(d) Saint Christopher and Nevis;
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(e) Saint Lucia; and
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(f) Saint Vincent and the Grenadines;
“minister with responsibility for foreign affairs” includes in the case of a Territory the person within the Territory who has responsibility for the service of foreign process;
“minor” means a person who has not attained the age of majority in accordance with the relevant enactment of the appropriate Member State or Territory;
“month” means a calendar month;
“next friend” has the meaning given by Part 23;
“order” includes an award, declaration, decree, direction, or judgment;
“overriding objective” means the objective set out in rule 1.1;
“party” includes both the party to the claim and any legal practitioner on record for that part unless any rule specifies or it is clear from the context that it relates to the client or to the legal practitioner only;
“patient” means a person who by reason of mental disorder within the meaning of the relevant mental health legislation in the Member State or Territory where the proceedings are being conducted is incapable of managing his or her own affairs and in Saint Lucia also includes a person to whom a curator has been given under the Civil Code (Cap.4.01);
“period for filing a defence” has the meaning given by rule 10.3;
“personal injuries” includes any disease and any impairment of a person's physical or mental condition;
“statement of case” means —
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(a) a claim form, statement of claim, defence, counterclaim, ancillary claim form or defence and a reply; and
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(b) any further information given in relation to any statement of case under Part 34 either voluntarily or by order of the court;
“statutory rate of interest” means the rate of interest on judgment debts that may be prescribed for the time being under any relevant enactment of the appropriate Member State or Territory;
“summary appeal” is an appeal in accordance with rule 62.7;
“Supreme Court” means the Eastern Caribbean Supreme Court established under the West Indies Associated States Supreme Court Order 1967;
“Territories” means —
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(a) Anguilla;
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(b) Montserrat; and
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(c) the Virgin Islands.