2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

28.6   Criteria for ordering specific disclosure

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    (1)   When deciding whether to make an order for specific disclosure, the court must consider whether specific disclosure is necessary in order to dispose fairly of the claim or to save costs.

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    (2)   The court must have regard to —

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      (a)     the likely benefits of specific disclosure;

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      (b)     the likely cost of specific disclosure; and

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      (c)     whether it is satisfied that the financial resources of the party against whom the order would be made are likely to be sufficient to enable that party to comply with any such order.

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    (3)   If, having regard to paragraph (2)(c), the court would otherwise refuse to make an order for specific disclosure, it may nonetheless make such an order on terms that the party seeking the order must pay the other party's costs of such disclosure in any event.

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    (4)   If the court makes an order under paragraph (3), it must assess the costs to be paid in accordance with rule 65.12.

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    (5)   The party in whose favour such order for costs was made may apply to vary the amount of costs so assessed.