2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

65.2   Basis of quantification

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    (1)   If the court has a discretion as to the amount of costs to be allowed to a party, the sum to be allowed is —

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      (a)     the amount that the court deems to be reasonable were the work to be carried out by a legal practitioner of reasonable competence; and

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      (b)     which appears to the court to be fair both to the person paying and the person receiving such costs.

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    (2)   If the court has a discretion as to the amount of costs to be paid to a legal practitioner by his or her client, the sum to be allowed is —

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      (a)     the amount that the court deems to be reasonable; and

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      (b)     which appears to be fair both to the legal practitioner and the client.

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    (3)   In deciding what would be reasonable the court must take into account all the circumstances, including —

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      (a)     any order that has already been made;

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      (b)     the care, speed and economy with which the case was prepared;

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      (c)     the conduct of the parties before as well as during the proceedings;

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      (d)     the degree of responsibility accepted by the legal practitioner;

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      (e)     the importance of the matter to the parties;

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      (f)     the novelty, weight and complexity of the case;

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      (g)     the time reasonably spent on the case; and

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      (h)     in the case of costs charged by a legal practitioner to his or her client —

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        (i)     any agreement about what grade of legal practitioner should carry out the work;

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        (ii)     any agreement that may have been made as to the basis of charging, and

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        (iii)     whether the legal practitioner advised the client and took the client's instructions before taking any unusual step or one which was unusually expensive, having regard to the nature of the case.