2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

72.10   Caveat against arrest

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    (1)   Except in a case to which paragraph (2) applies, a person who wishes to prevent the arrest of any property must file a request in the appropriate practice form signed by that person or that person's legal practitioner undertaking —

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      (a)     to acknowledge issue or service (as may be appropriate) of the claim form in any claim that may be made against the property described in the request; and

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      (b)     within 3 days after receiving notice that such a claim has been made, to give bail in that claim in a sum not exceeding an amount specified in the request or to pay the amount so specified into court.

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    (2)   On the filing of the request under paragraph (1) the court office must enter a caveat against the issue of a warrant to arrest the property described in the request in the caveat book.

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    (3)   If a claimant in limitation proceedings —

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      (a)     has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 and rule 72.35; and

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      (b)     desires to prevent the arrest of any property for a claim which may be or has been made against the fund,

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    the claimant must file in the court office a request, in the appropriate practice form signed by the claimant or the claimant's legal practitioner —

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      (i)     stating that a limitation fund in respect of damage arising from the relevant incident has been constituted, and

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      (ii)     undertaking to acknowledge issue or service (as may be appropriate) of the claim form in any claim that may be begun against the property described in the request,

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    and on the filing of the request a caveat against the issue of a warrant to arrest the property described in the request must be entered in the caveat book.

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    (4)   The fact that there is a caveat against arrest in force does not prevent the issue of a warrant to arrest the property to which the caveat relates.

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    (5)   If any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the court for an order discharging the warrant.

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    (6)   On the hearing of an application under paragraph (5), the court, unless it is satisfied that the party procuring the arrest of the property had a good and sufficient reason for so doing, may —

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      (a)     by order discharge the warrant; and

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      (b)     order the last-mentioned party to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.