2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

24.3   Conditions to be satisfied

The court may make an order for security for costs under rule 24.2 against a claimant only if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order, and that —

  1.  

    (a)     some person other than the claimant has contributed or agreed to contribute to the claimant's costs in return for a share of any money or property which the claimant may recover;

  1.  

    (b)     the claimant —

    1.  

      (i)     failed to give his or her address in the claim form;

    1.  

      (ii)     gave an incorrect address in the claim form; or

    1.  

      (iii)     changed his or her address since the claim was commenced, with a view to evading the consequences of the litigation;

  1.  

    (c)     the claimant has taken steps with a view to placing the claimant's assets beyond the jurisdiction of the court;

  1.  

    (d)     the claimant is acting as a nominal claimant, other than as a representative claimant under Part 21, and there is reason to believe that the claimant will be unable to pay the defendant's costs if ordered to do so;

  1.  

    (e)     the claimant is an assignee of the right to claim and the assignment has been made with a view to avoiding the possibility of a costs order against the assignor;

  1.  

    (f)     the claimant is an external company; or

  1.  

    (g)     the claimant is ordinarily resident out of the jurisdiction.