2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

70.11   Costs – ordinary applications

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    (1)   Rule 65.11(1) shall not apply in commercial matters.

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    (2)   The court will, after giving its decision on an ordinary application, determine, either forthwith or at a hearing fixed for the purpose —

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      (a)     which (if any) party should pay costs to another party; and

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      (b)     how much in principle (taking into account the provisions of rule 64.6 and any other matter appearing to the court to be relevant in all the circumstances) of the costs of the party to be paid (“the receiving party”) are to be paid by the paying party.

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    (3)   The statement required to be provided by rule 65.11(5) must be provided to the court before the hearing in question and must (in addition to the information required by rule 65.11(5)) particularise the amount of time spent upon the application by the legal practitioner or his partners or employees, specifying, in each case —

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      (a)     the charge out rate of the relevant legal practitioner, partner or employee (and in the case of employees, identifying the positions held by them within the legal practitioner's firm);

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      (b)     the task or tasks undertaken by the respective legal practitioner, partner or employee; and

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      (c)     the precise time spent upon each such task by the relevant practitioner, partner or employee.

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    (4)   If the hearing of an application has occupied the time of the court for one hearing day or less, the court will summarily assess the quantum of such costs forthwith after giving its determination under paragraph (2); in other cases the court may either fix a hearing for the assessment to be carried out by the Commercial Division judge or direct that there be a detailed assessment of those costs by the judge.

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    (5)   Where after the hearing of an ordinary application the court orders one party to pay costs to another party, those costs shall, unless the court otherwise orders, be paid within 14 days of the making of the order or the final determination of any assessment, as the case may be.