2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

37.2   Right to discontinue claim

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    (1)   The general rule is that a claimant may discontinue all or part of a claim without the permission of the court.

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    (2)   However —

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      (a)     a claimant needs permission from the court to discontinue all or part of a claim in relation to which —

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        (i)     any party has given an undertaking to the court, or

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        (ii)     the court has granted an interim injunction;

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      (b)     a claimant who has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 17) may discontinue only if the —

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        (i)     court gives permission, or

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        (ii)     defendant who made the payment consents in writing;

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      (c)     if there is more than one claimant, a claimant may not discontinue unless —

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        (i)     every other claimant consents in writing, or

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        (ii)     the court gives permission.

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    (3)   If there is more than one defendant the claimant may discontinue all or part of the claim against all or any of the defendants.