2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

56.6   Joinder of claims for other relief

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    (1)   The general rule is that, where permitted by the substantive law, an applicant may include in an application for an administrative order a claim for any other relief or remedy that —

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      (a)     arises out of; or

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      (b)     is related or connected to,

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    the subject matter of an application for an administrative order.

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    (2)   In particular the court may, on a claim for judicial review or for relief under the Constitution award —

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      (a)     damages;

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      (b)     restitution; or

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      (c)     an order for return of property to the claimant, if the —

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        (i)     claimant has included in the claim form a claim for any such remedy arising out of any matter to which the claim for an administrative order relates, or

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        (ii)     facts set out in the evidence or statement of case justify the granting of such remedy or relief, and

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        (iii)     court is satisfied that, at the time when the application was made the claimant could have issued a claim for such remedy.

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    (3)   The court may however at any stage —

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      (a)     direct that any claim for other relief be dealt with separately from the claim for an administrative order; or

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      (b)     direct that the whole application be dealt with as a claim and give appropriate directions under Parts 26 and 27; and

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      (c)     in either case, make any order it considers just as to costs that have been wasted because of the unreasonable use of the procedure under this Part.