2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

42.7   Consent judgments and orders

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    (1)   Subject to paragraphs (2) to (5), a consent order or judgment must be —

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      (a)     drawn in the terms agreed;

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      (b)     expressed as being “By Consent”;

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      (c)     signed by the party or legal practitioner acting for each party to whom the order relates; and

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      (d)     filed at the court office for sealing.

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    (2)   Where a party is a litigant in person any consent order must be approved by the court at a hearing before it is entered.

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    (3)   Except as provided by paragraphs (4) and (5), this rule applies to the following kinds of judgments or orders —

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      (a)     a judgment for —

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        (i)     costs,

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        (ii)     the delivery up of goods with or without the option of paying the value of the goods to be assessed or the agreed value, and

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        (iii)     the payment of a debt or damages (including a judgment or order for damages or the value of goods to be assessed);

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      (b)     an order for the —

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        (i)     discharge from liability of any party;

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        (ii)     dismissal of any claim, wholly or in part;

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        (iii)     payment, assessment or waiver of costs, or such other provision for costs as may be agreed,

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        (iv)     payment out of money which has been paid into court,

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        (v)     setting aside of a default judgment under Part 13,

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        (vi)     stay of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is payable on a stated date or by instalments specified in the order, and

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        (vii)     stay of proceedings on terms which are attached as a schedule to the order but which are not otherwise part of it (a “Tomlin Order”); and

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      (c)     any procedural order other than one falling within rule 26.7(3) or rule 27.8(1) and (2).

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    (4)   This rule does not apply —

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      (a)     to admiralty proceedings;

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      (b)     where any party is a minor or patient; or

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      (c)     where the court's approval is required by these rules or any enactment before an agreed order can be made.

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    (5)   This rule does not allow the making of a consent order by which any hearing date fixed by the court is to be adjourned.