2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

43.9   Enforcement against partnership

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    (1)   This rule has effect where the court gives a judgment or makes an order against a firm or partnership.

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    (2)   A judgment creditor may enforce the judgment or order against —

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      (a)     any of the firm's property; or

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      (b)     any person who —

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        (i)     has acknowledged service as a partner in the firm,

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        (ii)     has admitted in a statement of case to being a partner in the firm,

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        (iii)     was adjudged by the court to be a partner,

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        (iv)     was served with the claim form as a partner within the jurisdiction or, under Part 7, out of the jurisdiction, or

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        (v)     in Saint Lucia, is registered as a partner in the firm under article 20 of the Commercial Code (Cap. 13.31).

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    (3)   In a case to which paragraph (2) does not apply, the judgment creditor may issue enforcement proceedings against a person whom it claims to be a partner if it has the court's permission to do so.

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    (4)   Notice of an application for permission must be served on the person against whom the judgment creditor seeks to enforce judgment and must be supported by evidence on affidavit.

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    (5)   A judgment or order given or made on a claim —

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      (a)     by or against a firm or by or against a member of the firm; or

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      (b)     by another firm against a firm where the two firms have one or more partners in common, may not be enforced without the permission of the court.