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70.7 Case management conferences
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Revised Laws of Saint Lucia (2023)

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70.7   Case management conferences

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    (1)   Rules 27.3, 27.5 and 27.6 shall not apply in a commercial matter.

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    (2)   In a commercial matter proceeding by way of originating application, the applicant must, not later than 14 days after the last of the respondents to do so has served his evidence in answer, provide the Unit with an agreed written statement of the parties' best estimate of the length of the hearing of the originating application, or, if no agreement can be reached, then separate estimates by each party.

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    (3)   In a commercial matter proceeding otherwise than by way of originating application, the claimant must, not later than 14 days after the last party to do so has served his defence, provide the Unit with an agreed written statement of the parties' best estimate of the length of the trial or, if no agreement can be reached, then separate estimates by each party.

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    (4)   If, in a commercial matter proceeding by way of originating application, the parties' estimate, or the longest of the parties' estimates, of the length of the hearing is more than one full hearing day, the Unit will fix a CMC for the first available date after the date when the respondent is due to serve any evidence in answer.

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    (5)   If, in a commercial matter proceeding otherwise than by way of originating application, the parties' estimate, or the longest of the parties' estimates of the length of trial is more than one full hearing day, the Unit will fix a CMC for the first available date six weeks after the last of all defendants intending to defend the claim has filed his defence.

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    (6)   The claimant (or applicant) must three clear days before the date set for the CMC lodge with the Judicial Assistant to the Commercial Division judge (“the Judicial Assistant”) a case management bundle.

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    (7)   At a CMC in a commercial matter proceeding otherwise than by way of originating application, in addition to any orders or directions given pursuant to the court's general powers of management conferred by rule 26.1, the court will ordinarily give directions as to —

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      (a)     the nature and extent of any disclosure to be given;

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      (b)     whether and to what extent witness statements are required and whether in all the circumstances certain issues or factual matters can more conveniently and economically be dealt with by witness summaries (whether or not a party is or is not able to obtain a witness statement from the witness in question);

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      (c)     the nature of any expert evidence to be called and the identity of the respective parties' experts and the timetable for exchange of experts' reports;

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      (d)     whether it is appropriate for evidence on one or more matters in issue to be given by a single expert pursuant to rules 32.9 and 32.11;

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      (e)     whether the services of an interpreter will be necessary at trial;

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      (f)     whether or not a pre-trial review should be held; and

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      (g)     such other matters as appear appropriate.

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    (8)   Provided that he has sufficiently indicated to the other parties and to the court his intention to apply at the CMC, it is not necessary for a party to make an application under rule 28.5 for the disclosure of specific documents or under rule 32.6 for permission to call expert evidence.

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    (9)   At a CMC in a commercial matter proceeding by way of originating application, the court will ordinarily consider —

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      (a)     whether points of claim and defence should be served;

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      (b)     whether any disclosure should be given;

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      (c)     whether any witness should attend for cross examination;

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      (d)     whether any expert evidence is required and, if so, what directions are required for the taking of such expert evidence; and

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      (e)     such other matters as appear appropriate.

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