2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

72.2   Claims to be dealt with under this Part

The following claims, questions and proceedings, namely —

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    (a)     all proceedings to enforce a claim for damage, loss of life or personal injury arising out of —

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      (i)     a collision between ships,

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      (ii)     the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships, or

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      (iii)     compliance, on the part of one or more of two or more ships, with the collision regulations;

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    (b)     any application to the court under the Act;

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    (c)     any claim arising out of an act which is or is claimed to be a general average act;

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    (d)     any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

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    (e)     any claim arising out of bottomry;

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    (f)     any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

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    (g)     any claim for damage done by a ship;

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    (h)     any claim for damage received by a ship;

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    (i)     any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or fault of —

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      (i)     the owners, charterers or persons in possession or control of a ship, or

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      (ii)     the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

being an act, neglect or default in the navigation or management of a ship or in the loading, carriage or disembarkation of persons on, in or from the ship;

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    (j)     any claim for loss or damage to goods carried in a ship;

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    (k)     any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty;

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    (l)     any claim in respect of a mortgage of or charge on a ship or any share therein;

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    (m)     any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

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    (n)     any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

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    (o)     any claim in the nature of pilotage in respect of a ship or an aircraft;

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    (p)     any claim in the nature of towage in respect of a ship or an aircraft;

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    (q)     any claim to the possession or ownership of a ship or to the ownership of any share therein, including power —

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      (i)     to settle any account outstanding and unsettled between the parties in relation to the ship, and

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      (ii)     to direct that the ship, or any share thereof, must be sold, and to make such other order as the court thinks fit;

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    (r)     any claim —

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      (i)     under the International Convention on Salvage 1989, or

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      (ii)     under any contract for or in relation to salvage services, or

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      (iii)     the nature of salvage not falling within (i) or (ii) above, or

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      (iv)     any corresponding claim in connection with an aircraft;

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    (s)     any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

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    (t)     every limitation claim, in relation to —

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      (i)     all ships or aircraft whether of any Member State or Territory or not and whether registered or not and wherever the residence or domicile of their owners may be,

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      (ii)     all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land), and

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      (iii)     (so far as they relate to ships or aircraft) all mortgages or charges, whether registered or not and whether legal or equitable including mortgages and charges created under foreign law;

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    (u)     subject to any limitations imposed by the Act, any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages), are to be dealt with as Admiralty claims.