2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

72.37   Limitation proceedings: proceedings under decree

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    (1)   If —

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      (a)     the only defendants in a limitation proceeding are those named in the claim form by their names; and

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      (b)     all the persons so named have either been served with the claim form or acknowledged the issue thereof, any order in the claim limiting the claimant's liability —

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        (i)     need not be advertised; but

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        (ii)     operates only to protect the claimant in respect of claims by the persons so named or persons claiming through or under them.

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    (2)   In any case not falling within paragraph (1), any order in the claim limiting the claimant's liability must —

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      (a)     be advertised by the claimant in such manner and within such time as may be provided by the order;

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      (b)     fix a time within which persons with claims against the claimant in respect of the casualty to which the proceedings relate may file their claims and, in cases to which rule 72.38 applies, apply to set the order aside.

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    (3)   The advertisement required under paragraph (2)(a) must, unless for special reasons the court otherwise directs, be a single advertisement in each of 3 newspapers specified in the order —

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      (a)     identifying the claim, the casualty and the relation of the claimant thereto (whether as owner of a ship involved in the casualty or otherwise);

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      (b)     stating that the order has been made; and

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      (c)     specifying the —

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        (i)     amounts fixed thereby as the limits of the claimant's liability, and

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        (ii)     time allowed for the filing of claims and applying to set the order aside.

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    (4)   The claimant must within the time fixed under paragraph (2)(b) file a copy of each newspaper in which the advertisement required under paragraph (2)(a) appears.

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    (5)   The time to be allowed under paragraph (2)(b) must, unless for special reasons the court otherwise directs, be not less than 2 months from the latest date allowed for the acknowledgment of service of the advertisements.

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    (6)   After the expiration of the time allowed under paragraph (5), no claim may be filed or application made to set aside the order except with the permission of the court.

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    (7)   Save as aforesaid, on the making of any order limiting the claimant's liability arising out of a casualty to which the proceedings relate the court may —

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      (a)     distribute the limitation fund; and

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      (b)     stay any proceedings relating to any claim arising out of that occurrence which is pending against the claimant.