2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

72.36   Application for decree or directions in limitation proceedings

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    (1)   The claimant must within 7 days after the —

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      (a)     acknowledgment of issue or service of the claim by one of the defendants identified by name; or

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      (b)     time limited for entering an acknowledgment of service if none of the defendants acknowledges issue or service,

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    apply to the court for a decree limiting liability or, in default of such a decree, for directions as to the future proceedings in the claim.

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    (2)   The application must be supported by an affidavit —

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      (a)     verifying the claimant's case in the proceedings;

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      (b)     proving service of the claim on at least one of the defendants identified by name if no such defendant has acknowledged service; and

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      (c)     stating —

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        (i)     the names of all the persons who, to the knowledge of the claimant, have claims against the claimant in respect of the casualty to which the proceedings relate, not being defendants to the claim who are identified in the claim form by their names; and

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        (ii)     the address of each of those persons if known to the claimant.

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    (3)   The application and every affidavit in support must be served on every defendant who has acknowledged issue or service of the claim at least 4 days before the hearing of the application.

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    (4)   Any defendant who —

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      (a)     disputes the claimant's claim to limit his liability; or

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      (b)     alleges inability to decide whether to dispute that claim,

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    must, within 14 days of the service of the summons and any affidavit in support upon that defendant, serve upon the claimant an affidavit stating —

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      (i)     the grounds upon which the defendant relies to dispute the claimant's claim to limit his liability, or

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      (ii)     such facts and matters as could justify the court in giving a direction under paragraph (7) of this rule.

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    (5)   The claimant may, within 7 days of service upon it of any affidavit under paragraph (4), serve such further affidavit evidence as it may wish upon any defendant who has served an affidavit under paragraph (4) of this rule.

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    (6)   If, on the hearing of the application, it appears to the court that the claimant's claim to limit its liability is not disputed, the court must make an order limiting the claimant's liability to a specified amount.

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    (7)   If, on the hearing of the application, the court is satisfied that any defendant has not sufficient information to enable the defendant to decide whether to dispute the claimant's claim to limit its liability, the court may, on such terms as seem just —

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      (a)     give such directions as appear to be appropriate to enable the defendant to obtain such information; and

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      (b)     adjourn the hearing to a specified date, time and place.

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    (8)   Any defendant who thereafter disputes the claimant's claim to limit its liability must —

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      (a)     file an affidavit stating the grounds upon which the defendant relies; and

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      (b)     serve the affidavit on the claimant at least 7 clear days before the adjourned hearing of the application.

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    (9)   If, on the hearing or the adjourned hearing of the application, the court does not make a decree limiting the claimant's liability, the court must proceed to deal with the application as a case management conference.

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    (10)   Any defendant who, after the court has given directions under paragraph (7) or (9), ceases to dispute the claimant's right to limit its liability must —

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      (a)     forthwith file a notice to that effect; and

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      (b)     serve a copy on the claimant and on any other defendant who has acknowledged issue or service of the claim.

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    (11)   If every defendant who disputes the claimant's right to limit its liability serves a notice on the claimant under paragraph (10), the claimant may apply to the court for an order limiting its liability and paragraphs (3) and (6) apply to such an application.