2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

7.10   Mode of service – alternative procedure

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    (1)   Where service under rule 7.9 cannot be effected on the defendant for good reason, the claimant may apply for an order under this rule that the court process be served by a method specified by the court.

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    (2)   An order made under this rule shall specify the date on which service shall be deemed to have been effected as well as the period prescribed under any Practice Direction within which the defendant is required to acknowledge service of that process.

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    (3)   Where an order is made under this rule, service by the method specified in the court's order shall be deemed to be good service.

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    (4)   An application for an order under this rule may be made without notice but must be supported by evidence on affidavit —

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      (a)     specifying the method of service proposed;

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      (b)     providing full details as to why service under rule 7.9 cannot reasonably be effected;

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      (c)     showing that such method of service is likely to enable the person to be served to ascertain the contents of the court process; and

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      (d)     certifying that the method of service proposed is not contrary to the law of the country in which court process is to be served.

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    (5)   Where any method of service specified in an order made under this rule is subsequently shown to be contrary to the law of the country in which the claim was purportedly served, such service shall be invalid.

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    (6)   Where the court makes an order under this rule, it must also specify the date by which the defendant is required to file an acknowledgment of service and a defence to the claim.