2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

72.5   Service of claim form in rem

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    (1)   Subject to paragraph (2), a claim form by which a claim in rem is begun must be served on the property against which the claim is brought, except where the property —

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      (a)     has been sold by the marshal, in which case the claim form may not be served on that property but a sealed copy of it must be filed and the claim is deemed to have been duly served on the day on which the copy was filed; and

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      (b)     is freight, in which case the claim form must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried.

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    (2)   A claim form need not be served or filed as mentioned in paragraph (1) if it is deemed to have been duly served on the defendant by virtue of rule 5.19(2) or (3).

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    (3)   If by virtue of this rule a claim form is required to be served on any property, the claimant may request service of the claim form to be effected by the marshal only if a warrant of arrest has been issued for service against the property or the property is under arrest.

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    (4)   Where paragraph (3) applies the claimant must file a request in the appropriate practice form and lodge —

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      (a)     the claim form and a copy thereof; and

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      (b)     an undertaking to pay on demand all expenses incurred by the marshal in respect of the service of the claim form,

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    and thereupon the marshal must serve the claim form on the property described in the request.

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    (5)   If a claim form is served on any property by the marshal, the person effecting service must endorse on the claim form the following particulars —

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      (a)     the day of the week and the date on which it was served;

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      (b)     the manner in which it was served;

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      (c)     the name and the address of the person effecting service;

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      (d)     the property on which it was served; and

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      (e)     where it was served,

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    and the endorsement is evidence of the facts stated.

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    (6)   If the —

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      (a)     claimant; or

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      (b)     claimant's legal practitioner,

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    in a claim in rem becomes aware that there is in force a caveat against arrest with respect to the property against which the proceedings are brought, that person must serve the claim form forthwith on the person at whose instance the caveat was entered.

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    (7)   The general rule is that if a claim form by which a claim in rem is begun is amended after service under Part 20, the amended claim form must be served on any —

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      (a)     defendant who has acknowledged issue or service of the claim form; and

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      (b)     intervener.

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    (8)   However, if no defendant has acknowledged issue or service of the claim form, it must be served or filed —

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      (a)     in accordance with paragraph (1); or

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      (b)     as the court otherwise directs.

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    (9)   An application for a direction under paragraph (8)(b) may be made without notice but must be supported by evidence on affidavit.