2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

26.8   Relief from sanctions

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    (1)   An application for relief from any sanction specified for a failure to comply with any rule, order or direction must be supported by evidence on affidavit.

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    (2)   In considering whether to grant relief, the court must have regard to —

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      (a)     the effect which the granting of relief or not would have on each party;

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      (b)     the interests of the administration of justice;

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      (c)     whether the failure to comply has been or can be remedied within a reasonable time;

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      (d)     whether the failure to comply was due to the party or the party's legal practitioner;

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      (e)     whether the trial date or any likely trial date can still be met if relief is granted;

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      (f)     whether there is a good explanation for the failure;

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      (g)     whether the party in default has generally complied with all other relevant rules, practice directions, orders and directions; and

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      (h)     whether the application for relief was made promptly.

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    (3)   The court may not order the respondent to pay the applicant's costs in relation to an application for relief unless exceptional circumstances are shown.