2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

26.7   Court's powers in cases of failure to comply with rules etc.

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    (1)   If the court makes an order or gives directions, the court must whenever practicable also specify the consequences of failure to comply.

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    (2)   If a party has failed to comply with any of these rules, a direction or any order, any sanction for non-compliance imposed by the rule, direction or order has effect unless the party in default applies for and obtains relief from the sanction, and rule 26.9 does not apply.

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    (3)   If a rule, practice direction or order —

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      (a)     requires a party to do something by a specified date; and

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      (b)     specifies the consequences of failure to comply, the time for doing the act in question may not be extended by agreement between the parties.

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    (4)   In circumstances where —

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      (a)     a bundle is not filed in accordance with rule 39.1(5);

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      (b)     a core bundle is not filed in accordance with rule 62.12(4);

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      (c)     a legal practitioner fails to comply with a provision of these rules, a court order, a practice direction or a practice guide;

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      (d)     documents to be used at the trial are not served in accordance with rule 39.1(1); or

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      (e)     a pre-trial memorandum is not filed in accordance with rule 38.5,

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    the court may on its own initiative order the legal practitioner responsible to pay to any party and or to the court an amount of money which does not exceed the sum or sums specified by the relevant practice direction.

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    (5)   Any sum paid under an order made under rule 26.7(4) may be payable in addition to any sum which the court may order a legal practitioner to pay by way of wasted costs under rule 64.8.