2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

61.6   How to commence proceedings in the High Court to determine a case

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    (1)   Proceedings to determine a case must be commenced by filing a fixed date claim form in Form 2 at the court office.

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    (2)   The claim form may be issued by —

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      (a)     a minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; or

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      (b)     any other party to the claim to which the case relates.

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    (3)   The claim form must have the case stated annexed.

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    (4)   Where an application has been granted under rule 61.2, the fixed date claim filed for that application may be deemed to have commenced proceedings and the claimant must —

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      (a)     file the case stated at the court office within 14 days of receipt of the case stated by the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; and

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      (b)     within 7 days serve a notice of filing on the persons set out in rule 61.3.

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    (5)   The claim form must set out the particulars of the claimant's contentions on the question of law to which the claim relates.

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    (6)   The claim form shall be accompanied by skeleton arguments.

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    (7)   The court office must fix a date, time and place for the determination of the case.

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    (8)   The claim must be served on the persons set out in rule 61.3.

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    (9)   The claim must be served within 14 days after the service of the case stated.