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Back to Revised Laws of Saint Lucia (2023)

75.4 Exercise of discretion

If in proceedings commenced before the commencement date the court has to exercise its discretion, it may take into account the principles set out in these rules and, in particular, Parts 1 and 25.

APPENDIX

PRESCRIBED FORMS

Form 1	Claim Form
Form 1A	Notes for Defendant
Form 2	Fixed Date Claim Form
Form 3	Application to Pay by Instalments
Form 4	Acknowledgment of Service of Claim Form
Form 4A	Acknowledgment of Service of Fixed Date Claim Form
Form 5	Defence and Counterclaim
Form 6	Application
Form 7	Request for Default Judgment
Form 8	Request for Entry of Judgment on Admissions
Form 9	Ancillary Claim Form
Form 10	Listing Questionnaire
Form 11	List of Documents
Form 12	Witness Summons
Form 12A	Judicial Settlement Conference Directions
Form 12B	Report on Outcome of Judicial Settlement Conference
Form 12C	Agreement Following Judicial Settlement Conference
Form 13	Notice to Non-Party Served With Order
Form 14	Order for Oral Examination
Form 15	Notice of Adjourned Examination
Form 16	Financial Position Notice
Form 17	Writ of Execution Against Goods (Fieri Facas)
Form 18	Writ of Possession
Form 19	Writ of Delivery or Value
Form 20	Writ of Specific Delivery
Form 20A	Stop Notice
Form 21	Judgment Summons
Form 22	Writ of Habeas Corpus
Form 23	Notice of Appeal
Form 23A	Respondent's Notice
Form 24	Certificate of Result of Appeal [or Application]
Form 24A	Notice of Commencement of Detailed Assessment
Form 24B	Request for Default Costs Certificate
Form 24C	Default Costs Certificate
Form 24D	Costs Assessment Certificate
Form 25	Admiralty Claim In Rem
Form 26	Admiralty Limitation Claim
Form 27	Warrant of Arrest (Admiralty)
Form 28	Request for Claim to be recorded as satisfied
Form 29	Request for Order for Oral Examination of an individual
Form 30	Request for Order for Oral Examination of an officer of a debtor company
Form 31	Hearing on Assessment of Damages
Form 32	Form of Judgment for amount to be decided by the Court

FORM 1

(Rule 8.1(4))

CLAIM FORM

The Eastern Caribbean Supreme Court
In the High Court of Justice
[State/Territory]
Claim No
Between:
	A.B.	Claimant
and
	C.D.	Defendant
The claimant, A.B. (full names), of (full address) claims against the defendant, C.D. (full names), of (full address)
(Set out briefly the nature of the claim and state any specific amount or remedy that you are claiming)
(to be completed only where the claim is for a specified amount)
Amount claimed			$
Court fees			$
Legal practitioner's fixed costs on issue			$
Together with interest from to date (Daily rate thereafter = $ per day)			$
Total Claim			$
NOTICE TO THE DEFENDANT — See the notes served with this claim form.
This claim form must contain or have served with it either a statement of claim or a copy of a court order entitling the claimant to serve the claim form without a statement of claim. If you do not complete the form of acknowledgment of service served on you with this claim form and deliver or send it to the court office (address below) so that they receive it within 14/21 days of service of this claim form on you, the claimant will be entitled to apply to have judgment entered against you. The form of acknowledgment of service may be completed by you or a legal practitioner acting for you.
You should consider obtaining legal advice with regard to this claim.
This claim form has no validity if it is not served within 6 months of the date below unless it is accompanied by an order extending that time.
Dated [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to except
public holidays.
The claimant's address for service is:

FORM 1A

(Rule 8.15 (1))

NOTES FOR DEFENDANT

This form is important.

When you get this document, you should consider getting legal advice.

You should have also received together with the claim an authorisation code generated by the Electronic Litigation Portal. This authorisation code is important. If you are represented by a legal practitioner, it allows your legal practitioner to access the Electronic Litigation Portal and file and serve court documents electronically on your behalf. Upon receipt of the authorisation code in the prescribed form, it is advised that you provide your legal practitioner with it as soon as possible. For further information on the use of the Electronic Litigation Portal, you may wish to review Part 5A of these Rules.

If you choose not to be represented by a legal practitioner, you must consult the service bureau at the relevant court office to obtain assistance with filing and serving your court documents electronically via the Electronic Litigation Portal.

Action to be Taken on Receipt of this Form

The claimant is making a claim against you in the court. If you do nothing judgment may be entered against you. That means that the claimant will be entitled to take steps to enforce payment from you of any money the claimant is claiming and you will have no right to be heard except as to the amount of any costs claimed or as to the way in which you can pay the judgment, unless you apply to set judgment aside.

WHAT YOU CAN DO

You can —

A. Defend the claim:

If you would like to do this you must —

— Complete the form of acknowledgment of service and return it to the court office so that they receive it within 14/21 days of the date on which you received this form.

— AND, if a statement of claim was served on you with the claim form:

— Complete the form of defence or submit some other form of defence showing why you dispute the claim giving full details of all the facts on which you intend to rely if there is a trial;

— Deliver or send the form of defence to the court office so that they receive it within 28/42 days of the date on which you received this form;

— Serve a copy of the form of defence on the claimant's legal practitioner (or the claimant if the claimant has no legal practitioner) at the address given on the claim form;

— If no statement of claim is served with the claim form you need not file and serve a defence until 28/42 days after the statement of claim is served on you;

— After you have filed your defence you will be given details of the date, time and place of a case management conference at which a judge will decide what issues have to be determined by the court and give directions about what needs to be done before the case is tried.

— You must attend the case management conference.

B. Admit the whole of the claim:

If you would like to do this you must —

— Complete the form of acknowledgment of service stating that you admit the claim and return it to the court office so that they receive it within 14/21 days of the date on which you received this form.

— If you can pay the amount stated on the claim form including fees, costs and interest you should pay this to the claimant within 8/21 days and no further steps can be taken against you. You must add interest at the daily rate shown from the date stated on the claim form.

— If you cannot pay this sum in full you may apply to the court to pay by instalments. If you wish to do so you must complete the Application to Pay by Instalments form and return it to the court with your acknowledgment of service.

C. Admit part of the claim and defend the rest:

If you would like to do this you must —

— Complete the form of acknowledgment of service stating how much you admit and return it to the court office so that they receive it within 14/21 days of the date on which you received this form;

AND complete the form of defence as under section A above.

— You may also:

— pay the amount that you admit direct to the claimant; OR

— apply to pay that sum by instalments.

If so you should follow the procedure indicated under B.

D. Make a claim against the claimant:

If you would like to do this you must —

— Complete the form of acknowledgment of service and return it to the court office so that they receive it within 14/21 days of the date on which you received this form.

— Complete the form of defence giving details of your defence (if any) to the claim as under A above and also the claim that you are making against the claimant and return it to the court office so that they receive it within 28/42 days of the date on which you received this form.

— If you admit the claim but wish to counterclaim you should say so. If your counterclaim is for a lower sum than the claim you may pay the difference between the amount that the claimant claims from you and the amount that you claim from him direct to the claimant OR apply (using the procedure indicated under B) to pay that sum by instalments. You will be given details of the date, time and place of a case management conference at which a judge will decide what issues have to be determined by the court and give directions about what needs to be done before the case is tried.

REMEMBER THAT IF YOU DO NOTHING, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT ANY FURTHER WARNING.

FORM 2

(Rule 8.1(5))

FIXED DATE CLAIM FORM

The Eastern Caribbean Supreme Court
In the High Court of Justice
[State/Territory]
Claim No
Between:
	A.B.	Claimant
and
	C.D.	Defendant
The claimant, A.B. (full names), of (full address) claims against the defendant, C.D. (full names), of (full address)
(Set out briefly the nature of the claim and state any specific amount or remedy that you are claiming)
Notice to the Defendant —
The first hearing of this claim wilt take place at [xxx xxx xxx] on day the day of 20 , at am/p.m.
If you do not attend at that hearing, judgment may be entered against you in accordance with the claim.
If you do attend, the judge may —
(a) deal with the claim, or
(b) give directions for the preparation of the case for a further hearing.
A statement of claim or an affidavit giving full details of the claimant's claim should be served on you with this claim form. If not and there is no order permitting the claimant not to serve the statement of claim or affidavit you should contact the court office immediately.
You should complete the form of acknowledgment of service served on you with this claim form and deliver or send it to the court office (address below) so that they receive it within 14/28 days of service of this claim form on you. The form of acknowledgment of service may be completed by you or a legal practitioner acting for you.
You should consider obtaining legal advice with regard to this claim. See the notes on the back of this form or on the next page.
This claim form has no validity if it is not served within 6 months of the date below unless it is accompanied by an order extending that time.
Dated [SEAL]
The court office is at [xxx xxx xxx] telephone number xx-xxxx. The office is open between [ am.] and [ p.m.] to except
public holidays.
The claimant's address for service is:
NOTES FOR DEFENDANT (FIXED DATE CLAIM)
The claimant is seeking an order from the court as set out in the claim form on the basis of the facts or evidence set out in the statement of claim or affidavit served with it. The claimant will not be entitled to enter judgment against you without a hearing.
You may:
A. Admit the claim:
If so, you should complete and return the form of acknowledgment of service to the court office within 14/28 eight days stating this. You may attend the first hearing if you wish to do so.
B. Dispute the claim
If so, you should complete and return the form of acknowledgment of service as under A. You should also file at the court office and serve on the claimant's legal practitioner (or the claimant if the claimant has no legal practitioner):
(a) a defence if the claim form was accompanied by the claimant's statement of claim, OR
(b) an affidavit in answer if the claim form is accompanied by an affidavit sworn by or on behalf of the claimant,
within 28/42 days of the day on which the claim form was served on you. Your defence or affidavit must set out briefly ALL the facts on which you will rely to dispute the claim made against you. You should also attend the first hearing. If you do not the judge may deal with the claim in your absence.
C. Make a claim against the claimant
If so, you should complete and return the form of acknowledgment of service as under A. You must file a statement of claim (a counterclaim) setting out full
details of what you claim against the claimant and the facts on which you will rely. This must be done within 28/42 days of the date on which the claim form was served on you. The statement of claim should set out ALL the facts on which you rely in disputing any part of the claimant's claim against you. You should also attend the first hearing. If you do not the judge may deal with the claim in your absence.

FORM 3

(Rule 8.15(1))

APPLICATION TO PAY BY INSTALMENTS

(Heading as in Form 6)
The Applicant, AB. (full names), of (full address), owes the claimant the amount of $ claimed on the claim form and cannot pay the amount in one
lump sum.
The Applicant applies to the court for an order to pay the amount due by instalments of $ per week/month and provides the following
information —
1. Marital status: Married, Single, Other (specify)
2. Age:
3. Dependants: Children: (state names and ages)
4. Other Dependants: (state names and give details)
5. If employed state nature of employment and name and address of employer:
6. If self-employed, give particulars of annual receipts of the business:
7. Give details of any job other than main job:
8. Give details of —
(a) contracts and other work in hand; and
(b) any sums due for work done:
9. If unemployed, say how long unemployed:
10. Pensioner: Yes/No
11. List cash assets:
12. I live in my own property jointly owned property rented property lodgings other (specify) —
(a) My usual take home pay is	$
(b) My pension is	$
(c) Other income	$
Total Income	$
13. My regular expenses are as follows —
(a) Mortgage		$
(b) Rent		$
(c) Electricity		$
(d) Water		$
(e) Cooking gas		$
(f) Telephone		$
(g) Hire Purchase repayments		$
(h) Food		$
(i) School fees		$
(j) Travelling expenses		$
(k) Children's clothing		$
(i) Maintenance payments		$
(m) Others (do not include court orders and debts listed in 14, 15 and 16)
		$
		$
		$
		$
Total expenses		$
14. I am in arrears as follows —
(a) Rent arrears		$
(b) Mortgage arrears		$
(c) Water arrears		$
(d) Electricity arrears		$
(e) Telephone arrears		$
(f) Maintenance arrears		$
(g) Others		$
		$
		$
		$
		$
Total arrears		$
15. I am making court ordered payments as follows: (specify particulars of case(s) and instalments or amounts ordered to be paid)
		$
16. I have loans and credit card debts as follows:
		$
		$
Of the above payments, I am behind with payments to (please list)
		$
		$
		$
		$
I declare that the details I have given above are true to the best of my knowledge.
Dated
Signed
Applicant
NOTICE:
This application will be heard by [the Judge in Chambers/Master xxxxx] on the
day of , 20 at a.m./p.m. at [xxx xxx xxx]
If you do not attend this hearing an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by —
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to except
public holidays.

FORM 4

(Rule 9.2(1))

ACKNOWLEDGMENT OF SERVICE OF CLAIM FORM

(Heading as in Form 1)

Acknowledgment of Service

WARNING: If this form is not fully completed and returned to the court at the address below within 14/28 days of service of the claim form on you, the claimant will be entitled to apply to have judgment entered against you. If the claimant does so, you will have no right to be heard by the court except as to costs or the method of paying any judgment unless you apply to set judgment aside.

1. Have you received the claim form with the above claim number? YES/NO

2. If so, when?

3. Did you also receive the claimant's statement of claim? YES/NO

4. If so, when?

5. Did you also receive an authorisation code generated by the Electronic Litigation Portal in the prescribed form? YES/NO

6. If so, on what date did you receive it? / /

7. Are your names properly stated on the claim form? YES/NO

8. If not, what are your full names?

9. Do you intend to defend the claim? YES/NO (If so you must file a defence within 28/42 days of the service of the claim form on you.)

10. Do you admit the whole of the claim? YES/NO (If you do you should either —

(a) pay the claim direct to the claimant or the claimant's solicitor, or

(b) complete the application form to pay the claim by instalments.

If you pay the whole debt together with the costs and interest as shown on the claim form within 14/28 days you will have no further liability for costs.)

11. Do you admit any part of the claim? YES/NO

(If you do you may—

(a) pay the money that you admit direct to the claimant or the claimant's legal practitioner, or

(b) complete the application form to pay the claim by instalments.)

12. If so, how much do you admit?

(If you dispute the balance of the claim you must also file a defence within 28/42 days of service of the claim form on you or judgment may be entered against you for the whole amount claimed.)

13. What is your own address?

14. If unrepresented, what is your address for service?

If you are acting in person you must give an address to which documents may be sent either from other parties or from the court. You should also give your telephone number and email address, if any.

Dated

Signed

[Defendant in person] [Defendant's legal practitioner]

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to except

public holidays.

FORM 4A

(Rule 9.2(1))

ACKNOWLEDGMENT OF SERVICE OF FIXED DATE
CLAIM FORM

(Heading as in Form 1)

Acknowledgment of Service of Fixed Date Claim Form

WARNING: This form should be completed and returned to the court at the address below within 14/28 days of service of the claim form on you. However, the claimant will not be entitled to have judgment entered against you except at the first or subsequent hearing of the claim.

1. Have you received the claim form with the above number? YES/NO

2. If so, when did you receive it? / /

3. Did you receive the claimant's statement of claim or affidavit in support? YES/NO

4. If so, on what date did you receive them? / /

5. Did you also receive an authorisation code generated by the Electronic Litigation Portal in the prescribed form? YES/NO

6. If so, on what date did you receive it? / /

7. Are your names properly stated on the claim form? YES/NO

If not, what are your full names?

8. Do you intend to defend the claim?

9. If unrepresented, what is your address for service?

If you are acting in person you must give an address to which documents may be sent either from other parties or from the court. You should also give your telephone number and email address, if any.

Dated

Signed

[Defendant in person] [Defendant's Legal Practitioner]

The court office is at [xxx xxx xxx] telephone number xxx-xxxx The office is open between [ a.m.] and [ p.m.] to

except public holidays.

FORM 5

(Rule 10.2 (1))

DEFENCE AND COUNTERCLAIM

(Heading as in Form 1)

Defence

I dispute the claim on the following grounds —

I certify that all the facts set out in my defence are true to the best of my knowledge information and belief.

My address for service is

Telephone no.

Dated

Signed

[Defendant in person]

We are acting for the defendant; our address for service is:

Signed (Legal Practitioner for the Defendant)

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

Counterclaim

I claim against the claimant on the following grounds —

(set out details of the remedy or relief sought)

I certify that all the facts set out in my counterclaim are true to the best of my knowledge information and belief and that I am entitled to the remedy claimed

Dated

Signed

[Defendant in person]

We are acting for the defendant; our address for service is:

Signed (Legal practitioner for the defendant)

Notes —

(a) The defendant may set out the defendant's defence in another manner — it is not necessary to use this form.

(b) the defendant must —

— state which allegations in the claim are admitted

— which are denied

— which are neither admitted or denied because the defendant does not know whether they are true.

— identify any documents considered necessary to the defendant's case.

(d) The defendant must set out clearly all the facts on which the defendant relies to dispute the claim and must set out any different version of events on which the defendant relies.

(e) The defendant may not be allowed to give evidence about any fact which is not set out in the defence.

(f) If the defendant wishes to counterclaim the defendant must —

— specify any remedy that the defendant seeks against the claimant

— include a short statement of all facts on which the defendant relies

— identify any documents which the defendant considers necessary to the defendant's case.

(g) If the defendant is represented by a legal practitioner, the defendant must also sign the form and give the defendant's address for service.

FORM 6

(Rule 11.6(1))

APPLICATION

Eastern Caribbean Supreme Court
In the High Court of Justice
[State/Territory]
Claim
Between:
	A.B.	Applicant
and
	C.D.	Respondent
Notice of Application
The Applicant, A.B. (full names), of (full address) applies to the court for an order that —
A draft of the order that I seek is attached.
The grounds of the application are —
[An affidavit in support accompanies this application]
Dated
Signed
[Legal practitioner for the] Applicant
NOTICE:
This application will be heard by [the Judge in Chambers] [Master xxxxx] on the
day of , 20 at am/pm at [xxx xxx xxx].
If you do not attend this hearing an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by
This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 7

(Rule 12.7)

REQUEST FOR DEFAULT JUDGMENT

(Heading as in Form 1)
Request for Entry of Judgment in Default
I/We the claimant/claimant's legal practitioner request entry of judgment against the defendant in default of —
Acknowledgment of service YES/NO
Defence YES/NO
(in case of failure to enter acknowledgment of service)
Evidence of service of the claim form and statement of claim is filed with this form.
(in case or failure to serve defence)
I/We certify that —
(a) the time for the defendant to file and serve a defence has expired (including any extension of time agreed between the parties);
(b) no defence or counterclaim has been served on me/us; and
(c) the defendant has not paid any monies in settlement of the claim except such sum as is stated below;
(d) (where appropriate) permission to enter judgment was given by the court on
(date),
Judgment should be entered for claim for a specified sum:
Amount claimed	$
Court fees on claim	$
Legal practitioner's fixed costs on issue	$
Together with interest from date of issue to today	$
Court fees on entering judgment	$
Legal practitioner's fixed costs on entering judgment	$
Total	$
Less paid since issue of claim	$
Amount for which judgment is to enter	$
to be paid [forthwith] [on (state date)] or by weekly/monthly instalments of $

OR
Judgment should be entered for claim for an amount to be decided by the Court:
[Rule 12.10(1)(b)]
Is the claimant in a position to prove the amount of the damages: Yes / No
If Yes
State the estimate of the time the Claimant requires to deal with the assessment

If No
State the period of time that will elapse before the Claimant will be in a position to prove the amount of damages

OR
Judgment should be entered for a claim for goods:
[Rule 12.10(1)(c)]
Requiring the defendant either to deliver the goods or pay their value as assessed by the court: Yes / No
Requiring the defendant to pay the value of the goods as assessed by the court: Yes / No
OR
The claim for some other remedy namely [specify the remedy] is hereby abandoned:
[Rule 12.11(4)]
Dated
Signed
[Legal practitioner for the] Claimant
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.

FORM 8

(Rule 14.6(2))

REQUEST FOR ENTRY OF JUDGMENT ON ADMISSION

(Heading as in Form 1)
Request for Entry of Judgment on Admission
I/We the claimant/ claimant's legal practitioner request entry of judgment
against the defendant on the defendant's admission.
(Admission of whole debt)
A. Judgment should be entered for:
Amount claimed	$
Court fees on claim	$
Legal practitioner's fixed costs on issue	$
Together with interest from date of issue to today	$
Court fees on entering judgment	$
Legal practitioner's fixed costs on entering judgment	$
Total	$
Less paid since issue of claim	$
Amount for which judgment is to enter	$
(Admission of part of debt)
B. Judgment should be entered for:
Amount admitted by defendant	$
Court fees on claim	$
Legal practitioner's fixed costs on issue	$
(Legal practitioner's fixed costs must be the fees and costs appropriate to the amount admitted)
Together with interest from date of issue to today	$
Court fees on entering judgment	$
Legal practitioner's fixed costs on entering judgment	$
(Legal practitioner's fixed costs must be the fees and costs appropriate to the amount admitted)
Total	$
Less paid since issue of claim	$
Amount for which judgment is to enter	$
C. (i) I/We accept the claimant's offer to pay the amount due —
on (date);
or, by instalments of $ per week/month
and ask for judgment to be entered accordingly [the first payment to on]
OR
(ii) I/We do not accept the claimant's proposals for payment of the amount due but would accept payment on (date);
or, by instalments of $ per week/month
the first payment to be on (date)
OR
(iii) I/We do not accept the defendant's proposals as to payment and ask for judgment to be entered for the balance due to be paid forthwith.
D. (in cases (ii) and (iii) above) My/our reasons for objecting to the defendant's proposals are:
I/We do not accept that the defendant's financial statement is correct in the following ways:
Dated
Signed
[Legal practitioner for the Claimant]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.

FORM 9

(Rule 18.2(2))

ANCILLARY CLAIM FORM

(Heading as in Form 1)

Ancillary Claim Form

To of

This claim has been brought by the claimant against the defendant in accordance with the claim form and statement of claim served with this notice. Copies of the defendant's statement of claim (the defendant's defence) and of all other statements of case that have been filed in the proceedings are also served with this notice.

The defendant claims against you on the grounds that [The defendant will also ask the court to determine the following matters not only between the claimant and the defendant but also between defendant and you:]

If you wish to dispute the claimant's claim against the defendant or the defendant's claim against you, you must —

(a) send or deliver a completed form of acknowledgment of service to the court office (address below) so that it is received by them within 14/28 days; and

(b) send or deliver a defence to this claim to the court office so that it is received by them within 28/42 days of the day on which this claim was served on you.

You must also serve a copy of your defence on the defendant's legal practitioners whose address is given below.

If you do not file a defence you will —

(a) BE DEEMED TO HAVE ADMITTED THE DEFENDANT'S CLAIM AGAINST YOU; and

(b) be bound by any judgment or decision in the main proceedings in so far as it is relevant to any claim made against you and judgment may be entered against you.

Dated [SEAL]

This claim was issued by of [Legal Practitioner for the Defendant]

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to

except public holidays.

FORM 10

(Rule 27.9(1))

LISTING QUESTIONNAIRE

(Heading as in Form 1)
Listing Questionnaire
WARNING: This is an important document. The information is required by the Court to list your case accurately. Inaccurate information may lead to a waste of court time and delays to other people's cases.
Failure to return the form to the court office within 21 days or to complete it fully will lead to a listing hearing being fixed. You may have to pay the costs of this hearing.
1. Have all the directions given by the court been carried out?	YES/NO
2. If not, which directions have not been carried out?
Disclosure of documents	YES/NO
Inspection of documents	YES/NO
Service of witness statements	YES/NO
Service of expert reports	YES/NO
Other (state which)	YES/NO
3. Why have they not been carried out?
4. When can the direction be complied with? -
5. Will any application for relief be made by you?	YES/NO
6. Has ADR* been tried?	YES/NO
7. If not, why not?
8. Is ADR likely to be tried?	YES/NO
9. Are you ready for trial?	YES/NO
10. If not, why not?
11. How many witnesses do you intend to call?
12. What is your present estimate for trial length ? hours
13. What dates within the stated trial period will cause difficulty to —
(a) the claimant/defendant
(b) the claimant's/defendant's legal practitioner
(c) the claimant's/defendant's advocate -
(d) any non-expert witness
(e) any expert witness
14. Please give names, addresses and telephone numbers of —
(a) any trial legal practitioner you propose to instruct
(b) any expert witness whom you are entitled to call to give oral evidence
15. Please state the name of the legal practitioner (if any) who has conduct of this matter and give the legal practitioner's direct telephone number.
Dated
Signed
[Legal practitioner for the] Claimant/Defendant
This form must be returned to the court office within 21 days.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.
• ADR means alternative dispute resolution.

FORM 11

(Rule 28.7(2))

LIST OF DOCUMENTS

(Heading as in Form 1)
List of Documents
This list is completed in accordance with an order for —
(a) Standard disclosure		YES/NO	YES/NO
(b) Specific disclosure		YES/NO	YES/NO
dated
and is served on behalf of the claimant/defendant
I, [claimant] [defendant]
certify that I have had explained to me —
(a) the duty of standard disclosure, and
(b) the terms of the order dated for specific disclosure
and my duty to search for and disclose documents in accordance with that order, and that I have complied with that duty.
(In the case of a list served by a company, firm, association or other organization, the certificate must continue –)
I am the (capacity) the of the [claimant] [defendant] [other].
I accept responsibility for identifying any individuals who might be aware of any document which should be disclosed. I have asked the following individuals whether they are aware of any such documents —
	NAME POSITION
Part 1 of Schedule 1 contains a list of ALL the documents which —
(a) are or were in the physical possession of the [claimant] [defendant];
(b) the [claimant] [defendant] has or has had a right to possession of; or
(c) the [claimant] [defendant] has or has had a right to inspect or take copies of, and on which the [claimant] [defendant] relies or intends to rely in these proceedings, [together with such documents or classes of documents which the [claimant] [defendant] was ordered to disclose by the order of the court dated xx.xx.xxxx.
I/We claim a right to withhold disclosure and inspection of the documents listed in Part 2 of Schedule 1 on the basis stated in the Schedule.
The [claimant] [defendant] is not in physical possession of the documents listed in Schedule 2 and the Schedule states what has happened to those documents.
Neither the [claimant] [defendant] nor the [claimant's] [defendant's] legal practitioner nor anyone else on behalf of the [claimant] [defendant] now has or has ever had physical possession of, nor has the [claimant] [defendant] now or ever had the right to possession or the right to take copies of any document which should be disclosed and inspected under the terms of the court's order other than those listed in this List of Documents.
Dated
Signed
[Claimant] [Defendant]
[named representative for claimant/defendant]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.
SCHEDULE 1
PART 1
No. Details of document or class of documents
PART 2
No. Details of documents or Reasons for claiming a right class of documents not to disclose
SCHEDULE 2
No. Details of documents or class of documents. What has happened to the document including (to the best of my/our Information and belief) where they are
NOTICE TO INSPECT
The Documents listed in Part 1 of Schedule 1 may be inspected at on any normal working day between the hours of a.m. and p.m. until (date).
Dated
Signed
[Legal practitioner for the] [Claimant] [Defendant]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 12

(Rule 33.2(2))

WITNESS SUMMONS

(Heading as in Form 1)
Witness Summons
To (witness' name)
of (witness' address)
You are summoned to attend at the High Court of Justice at [xxx xxx xxx] at
a.m. on the day of 20 , the day fixed for the hearing of this claim, and
from [day] to [day] till the end of the trial to give evidence and to bring with you and produce the following documents —
Sum to be paid to the witness	$
DATED [SEAL]
This summons was issued on the application of the [claimant] [defendant] whose legal practitioner is of Tel. No
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 12A

(Rule 38A.11)

JUDICIAL SETTLEMENT CONFERENCE DIRECTIONS

Eastern Caribbean Supreme Court
In the High Court of Justice/In the Court of Appeal
[State/Territory]
Claim/Appeal No.
Between:
	A.B.	Claimant/Appellant
and
	CD.	Defendant/Respondent
JUDICIAL SETTLEMENT CONFERENCE DIRECTIONS
Standard Directions – Judicial Settlement Conference
A judicial settlement conference of [(X) hours/day/days] duration is required and shall be held at [time] on [date].
As a pre-condition to the conference proceeding —
(a) the claimant shall file and serve a memorandum by [date] as set out below; and
(b) the defendant shall file and serve a memorandum by [date] as set out below.
Such memorandum shall provide the information requested and fully answering each of the questions set out below. Where a party fails to comply with the above pre-condition then the conference will not convene and the cancellation of the conference shall be taken into account against the defaulting party when considering the making of any orders as to costs.
INFORMATION
Attach a one page “will-say” statement from each of your key witnesses other than expert witnesses (e.g.: “Witness A will say the following: ”). Full
statements and submissions need not be completed unless otherwise directed.
Submit any expert reports that you rely upon in your settlement negotiations or to substantiate your perspective. Highlight and tab those portions that you consider the most probative.
QUESTIONS —
1. What are the issues in this proceeding?
2. Which one (or more) of these issues is most significantly affecting your ability to settle?
3. Why?
4. Have you and the other party engaged in settlement negotiations? Please describe the nature of those negotiations.
5. What offers of settlement have been exchanged?
6. Upon what criteria was your settlement offer based (if one was made) or on what do you rely to support your present position (e.g. case law, industry standards, experts' reports or findings, etc.)?
7. What else do you believe that the judicial settlement conference Judge/ Master should know about this matter that would enable him or her to work more productively with all participating in the conference?
NB: Judicial settlement conferences and documents filed in connection with them are treated as without prejudice and privileged save as to the recording of whether a settlement was reached or not. Thus, memoranda of the kind required above are not part of the record and (unless it be requested by any party and agreed by all otherwise) will be destroyed, returned to the legal practitioners /parties, removed from the file or sealed (e.g. if the conference is adjourned), at the conclusion of the conference.
This order has been made on the express understanding that the parties who will be in attendance for the claimant/appellant and the defendant/respondent are parties who have full and unlimited authority to settle the case in the event that an agreement is reached.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 12B

(Rules 38A.12(1) and 38A.13(1))

REPORT ON OUTCOME OF JUDICIAL SETTLEMENT CONFERENCE

(Heading as in Form 12A)
REPORT ON OUTCOME OF JUDICIAL SETTLEMENT CONFERENCE
I HEREBY REPORT THAT following a judicial settlement conference scheduled/conducted in these proceedings on the day of , 20
(Date)
(tick as applicable)
[ ] The Parties entered into a Settlement Agreement.
OR
[ ] The Parties did not arrive at a Settlement Agreement.
OR
[ ] The Claimant/Appellant or Defendant/Respondent did not attend the settlement conference.
Dated:
Signed:
(Print name)
Judicial Settlement Conference Judge/Master
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays

FORM 12C

(Rule 38A.12(2))

AGREEMENT FOLLOWING JUDICIAL SETTLEMENT CONFERENCE

(Heading as in Form 12A)
AGREEMENT FOLLOWING JUDICIAL SETTLEMENT CONFERENCE
Following on a judicial settlement conference conducted by [Name of Judicial
Settlement Conference judge/master] on the day of , 20 ,
the parties hereby agree to settle the claim/appeal on the following terms:
(1)
(2)
(3)
Signed:	Dated:
Claimant/Appellant
Signed:	Dated:
Defendant/Respondent
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 13

(Rule 42.12(3))

NOTICE TO NON-PARTY SERVED WITH ORDER

(Heading as in Form 1)

NOTICE

A judgment or order of this court was given or made on the day of ,

20 and a copy of that judgment or order is attached to this notice.

You are bound by the terms of the judgment or order to the same extent as you would have been had you been a party to the proceedings in which the judgment was given or order made.

However you may apply to the court within 28 days after service of this notice to —

(a) set aside; or

(b) vary; or

the judgment or order.

You may do this by completing and issuing a form of application at the court office whose address is given below saying what order you want the court to make and the grounds on which you make the application.

Dated [SEAL]

This notice was issued by [legal practitioners for] the claimant/defendant whose address for service is

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

FORM 14

(Rule 44.4(1))

ORDER FOR ORAL EXAMINATION

(Heading as in Form 1)
Order for Oral Examination
To: CD, the examinee
The claimant obtained a judgment/order against [you/the defendant company] in this court on [date] [and (in the case of a company) it appears you are an officer of the defendant company].
You are ordered to attend before an examiner of this court on [date] at
a.m. to be examined under oath as to your financial circumstances [in the case of a company, the financial circumstances of the defendant company] including what property or other assets you/it may have, and to produce at the examination any books or documents in your possession or power containing information about your/the defendant company's financial circumstances.
And it is further ordered that the costs of this application and of the examination be in the discretion of the examiner.
Dated [SEAL]
This order was made on the application of [claimant/claimant's legal
practitioner]
AND TAKE NOTICE that if you fail to comply with the terms of this order, proceedings maybe commenced against you for contempt of court and you may be liable to be imprisoned.
Amount due	$
Together with interest from to date	$
(Daily rate thereafter =$ per day)	$
Total	$
Less payments made to date	$
Amount now due	$
Important Notes:
1. It will not be necessary for you to attend the examination if you pay the amount now due to the claimant or the claimant's legal practitioner.
2. DO NOT bring or send payments to the court office. They will not be accepted.
3. You should allow at least 4 days for your payment to reach the claimant or the claimant's legal practitioner.
4. Keep records and ensure that you can account for all payments made. Proof may be required if there is disagreement.
5. If payment is made too late, you may be liable for further costs.
Date [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
Except public holidays.

FORM 15

(Rule 44.5(7))

NOTICE OF ADJOURNED EXAMINATION

Notice of Adjourned Examination
To: [CD, the examinee]
You were ordered to attend court on the [date] at a.m. to be examined
under oath before the examiner as to your financial circumstances (or as to the financial circumstances of the defendant company) and you failed to attend/refused to be sworn or affirmed/refused to answer a question(s).
TAKE NOTICE that your appointment for examination has been adjourned to [date] at a.m. before a judge of the High Court when you are ordered
to attend.
Dated
AND TAKE NOTICE that if you fail to comply with the terms of this order, proceedings may be commenced against you for contempt of court and you may be liable to be imprisoned.
Amount due	$
Together with interest from to date
(Daily rate thereafter = $ per day)	$
Total	$
Less payments made to date	$
Amount now due	$
Important Notes —
1. It will not be necessary for you to attend the examination if you pay the amount now due to the claimant or the claimant's legal practitioner.
2. DO NOT bring or send payments to the court office. They will not be accepted.
3. You should allow at least 4 days for your payment to reach the claimant or the claimant's legal practitioner.
4. Keep records and ensure that you can account for all payments made. Proof may be required if there is disagreement.
5. If payment is made too late, you may be liable for further costs.
Dated [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 16

(Rule 44.7(1))

FINANCIAL POSITION NOTICE

(Heading as in Form 1)

Financial Position Notice

To:

An application has been made to orally examine you as to your income, assets and liabilities [the income assets and liabilities of the [defendant] [claimant] company] and the means by which the judgment debt may be paid. There is served with this notice an order giving the date time and place of the oral examination.

You are required to complete and return the attached questionnaire as to your means [the means of the company]. A copy will be sent to the judgment creditor and the judgment creditor may withdraw its application for an oral examination if satisfied with the information that you provide.

Unless you are notified by the court that your attendance is not required you must attend court on the date, time and place stated in the attached order. If you fail to do so further proceedings may be taken which may result in your being imprisoned.

Dated [SEAL]

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to

except public holidays.

FORM 17

(Part 46)

WRIT OF EXECUTION AGAINST GOODS (FIERI FACIAS)

(Heading as in Form 1)
Request for Issue of Writ of Execution
To the Court
[We] [I] of (Tel Fax) person]
[Legal practitioners for the in ]
apply for the issue of a Writ of Execution against the judgment debtor to recover the sum stated below.
Amount of judgment	$
Costs	$
Interest to date	$
Total sum due	$
Less: Paid since judgment	$
Balance of judgment now due	$
Plus: fee on issue	$
Legal practitioner's costs on issue	$
Amount for which writ to issue	$
[We] [I] certify that —
(a) the whole or part of any instalment due under the judgment has not been paid;
(b) the balance of judgment now due is as shown above.
Dated
Signed
[Legal practitioners for the] [Claimant) [Defendant]
Writ of Execution
To: The Marshal
You are required to levy the sum stated above together with interest at the rate of
% per annum from the day of 20 , until payment together with the
marshal's poundage fees, cost of levying and all other legal incidental expenses and to pay the amount levied in respect of the judgment debt, fees, costs and interest to the [claimant] [defendant].
You are also required to indorse on this Writ immediately after execution a statement of the manner in which you have executed it and send a copy to the [claimant] [defendant].
Dated [SEAL]
Notice to Judgment Debtor
Notice of levy —
The marshal has levied on your goods. This means that you must not dispose of them as the marshal may have to take them and sell them, at a public auction.
Payment of the judgment debt —
If you pay the total amount due under this Writ including the marshal's poundage fees, costs of levying and any other legal incidental expenses, your goods will not be taken and you will not have to pay any more costs. You must pay the money to the marshal and will be given a receipt.
If you do not want the marshal to remove your goods —
You can ask the marshal not to do so but you must sign the walking possession agreement below.
If your goods are removed —
— you will be given a list of the goods removed
— the goods will not be sold for at least [ ] days unless they are perishable
— you will be given [ ] days notice of the date and place of sale
— further fees may be charged and added to the debt
— these fees could include the cost of removing the goods and the fees charged by the auctioneer.
When the goods are sold —
You will be given a written statement as to the sale and the distribution of the proceeds of sale.
If the sale is stopped —
You will normally have to pay a fee and any expenses incurred in removing the goods or advertising the sale.
Walking Possession Agreement
(request not to remove goods)
Please do not take my goods listed here —
I agree that until payment is made or the writ withdrawn, I will —
— not remove or damage the goods or allow anyone to do so
— show this form to anyone who calls and tries to take these goods
— tell you immediately if anyone tries to do so; and
— allow you to re-enter the premises at any time (and as often as you want)
— to see the goods or to complete the enforcement of this writ.
Dated
Signed
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 18

(Part 46)

WRIT OF POSSESSION

(Heading as in Form 1)
Request for Issue of Writ of Possession
To the Court
[We] [I] of (Tel Fax) [in person]
[Legal practitioners for the ]
apply for the issue of a Writ of Possession against the judgment debtor to recover possession of the land and property known as
(description of property)
and also to recover the sum stated below.
Amount of judgment (if any)	$
Costs	$
Interest	$
Rent/mesne profits to date	$
Total sum due	$
Less: Paid since judgment	$
Balance of judgment now due	$
Plus: Fee on issue	$
Legal practitioner's costs on issue	$
Amount for which writ to issue	$
[We] [I] certify that —
(a) the claimant is entitled to possession and that the defendant has not complied with any conditions upon which the order for possession was suspended;
(b) the balance of judgment and rent/mesne profits now due is as shown above.
Dated
Signed
[Legal practitioners for the] Claimant/Defendant
Writ of Possession
To: The Marshal
You are required to take possession of the property known as
(property)
and to deliver the same to the claimant/defendant or the claimant's/defendant's

(description of representative)
and also to levy the sum stated above together with interest at the rate of % per annum from [date] until payment together with the marshal's poundage fees, cost of levying and all other legal incidental expenses, and to pay the amount levied in respect of the judgment debt, fees, costs and interest to the [claimant] [defendant].
You are also required to indorse on this Writ immediately after execution a statement of the manner in which you have executed it and send a copy to the [claimant] [defendant].
Dated [SEAL]
Notice to Judgment Debtor
Notice of taking possession —
You have failed to give up possession of the property described overleaf and the Marshal is authorized to enter the land to take possession of the property and deliver possession to the claimant.
Notice of levy —
The Marshal has levied on your goods in order to discharge the judgment for [arrears of rent] [damages] [rent] [mesne profit] and [costs]. This means that you must not dispose of them as the Marshal may have to take them and sell them, at a public auction.
Payment of the money judgment —
If you are able to pay the money judgment in full, the Marshal will not need to remove your goods. You will have to pay the full amount of the judgment plus interest and the costs of issuing this writ together with the Marshal's fees. You will be given a receipt for any money that you pay.
If your goods are removed —
— you will be given a list of the goods removed
— the goods will not be sold for at least [ ] days – unless they are perishable
— you will be given [ ] days notice of the date and place of sale
— further fees may be charged and added to the debt
— these fees could include the cost of removing the goods and the fees charged by the auctioneer.
When the goods are sold —
You will be given a written statement as to the sale and the distribution of the proceeds of sale.
If the sale is stopped —
You will normally have to pay a fee and any expenses incurred in removing the goods or advertising the sale.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.

FORM 19

(Part 46)

WRIT OF DELIVERY OR VALUE

(Heading as in Form 1)
Request for Writ of Delivery or Value
To the Court
[We/I] (Tel Fax) of] [in person]
[Legal practitioners for the in person]
apply for the issue of a Writ of Delivery against the judgment debtor to recover possession of
(description of goods)
to recover the assessed value of the goods, namely	$
And also to recover
Damages	$
Costs	$
Total sum due	$
Less: paid since judgment	$
Balance of judgment now due	$
Plus: fee on issue	$
Legal practitioner's costs on issue	$
Amount for which writ to issue	$
[We/I] certify that
(a) the claimant is entitled to recover the goods which are the subject of the court's order or the value of $ , assessed by the court;
(b) the balance of judgment now due is as shown above
Dated
Signed
[Legal practitioners for the] Claimant/Defendant
Writ of Delivery or Value
To: The Marshal
You are required to cause the goods (description of goods) to be delivered to the claimant/defendant, and if you are not able to do so to levy the sum of $
(the assessed value).
You are also required to levy the sum of $ as stated above together with interest at the rate of % per annum from the day of 20 , until payment together
with the marshal's poundage fees, cost of levying and all other legal incidental expenses and to pay the amount levied in respect of the judgment debt, fees, costs and interest to the [claimant] [defendant].
You are also required to indorse on this Writ immediately after execution a statement of the manner in which you have executed it and send a copy to the [claimant] [defendant].
Dated [SEAL]
Notice to Judgment Debtor
Notice of taking possession —
You have failed to deliver up the goods described overleaf and the marshal is authorized to take possession of the goods and deliver them to the claimant. If the marshal is not able to take possession of the goods the marshal is authorized to levy the sum stated above being the value of the goods as assessed by the court.
Notice of levy —
The Marshal has levied on your goods in order to —
(a) discharge the claim for the assessed value of the goods
(b) discharge the judgment for [damages] and [costs].
This means that you must not dispose of them as the marshal may have to take them and sell them at a public auction.
Payment of the money judgment —
If you are able to —
(a) deliver the goods described overleaf; or
(b) pay the assessed value of the goods and
(c) pay the money judgment in full,
the Marshal will not need to remove your goods. You will have to pay the full amount plus interest and the costs of issuing this writ together with the marshal's fees. You will be given a receipt for any money that you pay.
If you do not want the marshal to remove your goods —
You can ask the marshal not to do so but you must sign the walking possession agreement below.
If your goods are removed —
— you will be given a list of the goods removed
— the goods will not be sold for at least [ ] days unless they are perishable
— you will be given [ ] days notice of the date and place of sale
— further fees may be charged and added to the debt
— these fees could include the cost of removing the goods and the fees charged by the auctioneer.
When the goods are sold —
You will be given a written statement as to the sale and the distribution of the proceeds of sale.
If the sale is stopped —
You will normally have to pay a fee and any expenses incurred in removing the goods or advertising the sale.
Walking Possession Agreement
(request not to remove goods)
Please do not take my goods listed here —
I agree that until payment is made or the writ withdrawn, I will —
— not remove or damage the goods or allow anyone to do so
— show this form to anyone who calls and tries to take these goods
— tell you immediately if anyone tries to do so; and
— allow you to re-enter the premises at any time (and as often as you want) to see the goods or to complete the enforcement of this writ.
Dated
Signed
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.

FORM 20

(Part 46)

WRIT OF SPECIFIC DELIVERY

(Heading as in Form 1)
Request for Writ of Specific Delivery
To the Court
[We/I] of
(Tel ) [Legal Practitioners for the ] [ in person]
apply for the issue of a Writ of Delivery against the judgment debtor to recover possession of
(description of goods)
And also to recover
Damages	$
Costs	$
Total sum due	$
Less: paid since judgment	$
Balance of judgment now due	$
Plus: fee on issue	$
Legal practitioner's costs on issue	$
Amount for which writ to issue	$
[We/I] certify that:
(a) the claimant is entitled to recover the goods which are the subject of the court's order and that the court has given permission for the issue of a writ of specific delivery on (date);
(b) the balance of judgment now due is as shown above.
Dated
Signed
[Legal practitioners for the] Claimant/Defendant
Writ of Specific Delivery
To: The Marshal
You are required to cause the goods (description of goods) to be delivered to the claimant, A.B.
You are also required to levy the sum of $ as stated above together
with interest at the rate of % per annum from [date], until payment together with Marshal's poundage fees, cost of levying and all other legal incidental expenses and to pay the amount levied in respect of the judgment debt, fees, costs and interest to the [claimant] [defendant].
You are also required to indorse on this Writ immediately after execution a statement of the
manner in which you have executed it and send a copy to the [claimant] [defendant].
Dated [SEAL]
Notice to Judgment Debtor
Notice of taking possession —
You have failed to deliver up the goods described overleaf and the marshal is authorized to take possession of the goods and deliver them to the claimant. Notice of levy —
The marshal has levied on your goods in order to discharge the judgment for [damages] and [costs]. This means that you must not dispose of them as the marshal may have to take them and sell them at a public auction.
Payment of the money judgment —
If you are able to pay the money judgment in full, the marshal will not need to remove your goods. You will have to pay the full amount plus interest and the costs of issuing this writ together with the marshal's fees. You will be given a receipt for any money that you pay.
If you do not want the marshal to remove your goods (other than the goods which the court order you to deliver up to the claimant) —
You can ask the marshal not to do so but you must sign the walking possession agreement below.
If your goods are removed —
— you will be given a list of the goods removed
— the goods will not be sold for at least [ ] days unless they are perishable
— you will be given [ ] days notice of the date and place of sale
— further fees may be charged and added to the debt
— these fees could include the cost of removing the goods and the fees charged by the auctioneer.
When the goods are sold —
You will be given a written statement as to the sale and the distribution of the proceeds of sale.
If the sale is stopped —
You will normally have to pay a fee and any expenses incurred in removing the-goods or advertising the sale.
Walking Possession Agreement
(request not to remove goods)
Please do not take my goods listed here —
I agree that until payment is made or the writ withdrawn, I will —
— not remove or damage the goods or allow anyone to do so
— show this form to anyone who calls and tries to take these goods
— tell you immediately if anyone tries to do so; and
— allow you to re-enter the premises at any time (and as often as you want) to see the goods or to complete the enforcement of this writ.
Dated
Signed
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.

FORM 20A

(Part 49)

STOP NOTICE

The Eastern Caribbean Supreme Court
In The High Court of Justice
	IN THE MATTER OF [ ]
	AND IN THE MATTER OF AN
	APPLICATION PURSUANT TO
	PART 49 OF THE CIVIL PROCEDURE
RULES
	(REVISED EDITION) 2023
STOP NOTICE
(Pursuant to Part 49 of the Civil Procedure Rules)
TO:
being a company incorporated under the laws of with registered company number (the
“Company)
AND TO:
AND TO:
TAKE NOTICE that:
(“the Applicant”)
claims to be beneficially entitled to an interest in the following stock:
[ ] ordinary Shares held by [ ] pursuant to a Bearer Share Custody
Agreement dated [ ] and represented by share certificate number which
represents [ ] % of the ordinary and issued shares in (“the Stock”)
This Stop Notice requires the parties on whom it is served to refrain from taking any of the following steps in respect of the Stock specified above:
(a) transferring, selling or otherwise dealing with the Stock;
(b) making any payment by way of dividend, interest or otherwise in respect of the Stock; or
(c) registering any transfer of the Stock.
NOTE: SO LONG AS THIS STOP NOTICE IS IN FORCE NEITHER ;
NOR THE KEEPER OF THE REGISTER OF MEMBERS:
MAY REGISTER ANY TRANSFER OF THE STOCK NOR MAKE ANY PAYMENT AS REFERRED TO HEREIN UNTIL 14 DAYS AFTER SENDING A NOTIFICATION OF THE PROPOSED REGISTRATION OR OTHER STEPS TO THE APPLICANT'S LEGAL PRACTITIONERS AT THE FOLLOWING ADDRESS:

FORM 21

(Rule 52.3(1))

JUDGMENT SUMMONS

In The Eastern Caribbean Supreme Court
In The High Court of Justice
[State/Territory]
Claim No:
Between:
A.B.
Claimant / Judgment Creditor
and
C.D.
Defendant/Judgment Debtor
Judgment Summons
To CD:
[if judgment is entered against only one of several defendants, name that defendant or those defendants]
On [date] (“the judgment creditor”) obtained an order against you in the following terms:
The judgment creditor says that you have not paid as ordered and has requested that this judgment summons be issued against you.
TAKE NOTICE, if the judge is satisfied that —
(a) the amount ordered to be paid has not been paid;
(b) you have (or since the date of the order have had) the means to pay it; and
(c) you are refusing or neglecting (or have neglected) to pay it,
the judge may order your committal to prison.
To the Defendant(s)/Judgment Debtor(s):
You are summoned to attend personally and to give good reason why you should not be committed to prison for failing to comply. The judge will consider the evidence given by the judgment creditor and any evidence you may wish to give on [date] at [time] at the High Court office [address]
Dated
A copy of the written evidence filed by the claimant/judgment creditor(s) is served with this
judgment summons.
IF YOU FAIL TO ATTEND THE HEARING THE JUDGE MAY:
• MAKE AN ORDER IN YOUR ABSENCE; OR
• ISSUE A BENCH WARRANT TO SECURE YOUR ATTENDANCE AT A LATER
HEARING.
Amount claimed as due and unpaid in respect of the order and any costs	$
Court fee paid to issue this judgment summons	$
Legal practitioner's costs on summons	$
Together with interest from [date] to [date]	$
Daily rate of interest thereafter at $ per day	$
Less Amount (if any) paid to date	$
AND TAKE NOTICE that the judgment creditor intends to apply to the Court for leave to enforce arrears which became due between the date of the filing of the judgment summons and the hearing of the judgment summons.
AND TAKE NOTICE: If you pay the total amount above before the hearing, an order committing you to prison will not be made. If payment is made too late to prevent the judgment creditor's attendance on the day of the hearing, you may be liable for further costs.
1. DO NOT bring or send payments to the court office. They will not be accepted.
2. Payments are to be made to the claimant/judgment creditor or the claimant's/judgment creditor's legal practitioner.
3. You should allow at least 4 days for your payment to reach the claimant/ judgment creditor or the claimant/judgment creditor's legal practitioner.
4. Keep records and ensure that you can account for all payments made. Proof may be required if there is disagreement.
Dated [SEAL]
The Court office is at [xxxxxxxx] telephone number [xxx-xxxx]. The office is open between [ ] a.m. and [ ] p.m. except public holidays.

FORM 22

(Rule 57.3(1))

WRIT OF HABEAS CORPUS

(Heading as in Form 1)

Writ of Habeas Corpus

To: the Commissioner/Superintendent of Prisons:

You are required to produce to the High Court on [date] at a.m./p.m. the body of

by whatsoever name that person is called, said to be detained in your

custody, and be prepared to state the day and cause of that person's being taken and detained so that the court may then and there examine whether such cause is legal.

TAKE NOTICE that if you fail to produce the body of before the

court on the date and at the time stated above the court may commit you to prison for your contempt in not obeying the order.

Dated [SEAL]

Issued by of

Legal practitioners for the Claimant

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to

except public holidays.

FORM 23

(Rule 62.4(1))

NOTICE OF APPEAL

The Eastern Caribbean Supreme Court
[State/Territory]
In the Court of Appeal
High Court/Magisterial
Appeal No.
Between:
	A.B.	Appellant
and
	C.D.	Respondent
Notice of Appeal
(Note to Party: This is an important document - you are advised to consult a lawyer)
TAKE NOTICE that the appellant (being the [claimant] [defendant] in the court below) hereby appeals to the Court of Appeal against the decision of contained in the order dated [a copy of which is attached to this Notice].
1. Details of order appealed:
2. Details of —
(a) any finding of fact:
(b) any finding of law:
which are challenged.
3. Grounds of Appeal —
(a)
(b)
(c)
4. Order sought:
5. Any specific power which the court is asked to exercise:
6. Details of the other parties to the proceedings in the court below:
Name Address for Service
Dated
Signed [Legal practitioners for the] Appellant(s)
Date [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.
Address for service of the appellant(s) is:

FORM 23A

(Rule 62.11)

RESPONDENT'S NOTICE

The Eastern Caribbean Supreme Court
[State/Territory]
In the Court of Appeal
High Court/Magisterial
Appeal No.
Between
	A.B.	Appellant
and
	C.D.	Respondent
Respondent's Notice
TAKE NOTICE that the respondent (being the [claimant] [defendant] in the court below) wishes the Court of Appeal to uphold the decision of
contained in the order dated [a copy of which is attached to this Notice] on different or additional grounds:
1. Order sought:
2. Any specific power which the court is asked to exercise:
3. Details of the other parties to the proceedings in the court below:
Name Address for Service
Dated
Signed [Legal practitioners for the] respondent(s)
Date [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ am.] and [ p.m.] to
except public holidays.
Address for service of the respondent(s) is:

FORM 24

(Rule 62.24)

CERTIFICATE OF RESULT OF APPEAL OR APPLICATION

(Heading as in Form 23)

Certificate of Result of Appeal [or Application]

This appeal [or application] was heard on [date(s)] before

in the presence of

for the Appellant(s) and for the Respondent(s).

I HEREBY CERTIFY that an Order was made as follows:

Dated [SEAL]

Chief Registrar

FORM 24A

(Rule 65.13)

NOTICE OF COMMENCEMENT OF DETAILED
ASSESSMENT

The Eastern Caribbean Supreme Court
[State/Territory]
In the High Court of Justice
Between:
	A.B.	Claimant
and
	C.D.	Defendant
Notice of Commencement of Detailed Assessment
To:
[Name and address of paying party]
Pursuant to a judgment or order dated [date] (a copy of which is attached) the [receiving party] has prepared its Bill of Costs for assessment. The Bill totals US/EC$ .
If you choose to dispute this Bill and your objections are not upheld at the assessment hearing, the full amount of $ is payable.
In addition, the [receiving party] will also seek the costs of the assessment hearing.
If you choose not to dispute this Bill, then [the receiving party] will be entitled to obtain a Default Costs Certificate in respect of the full amount of the Bill, in addition to which [the receiving party] will also seek to recover its costs associated with the detailed assessment procedure, in further sum of US/EC$
.
Any points of dispute must include:
• Details of the items in the Bill of Costs which are disputed
• Concise details of the nature and grounds of the dispute for each item and, if you seek a reduction in those items, suggest, where practicable, a reduced figure.
Your points of dispute must be filed and served within 21 days of service of this Notice of Commencement.
You must also provide copies of your Points of Dispute to all other parties to the assessment identified below:
(1) [INSERT]
(2) [INSERT]
Dated this day of 20
(signed)
[Name] Legal Practitioner for [insert party]

FORM 24B

(Rule 65.14(4))

REQUEST FOR DEFAULT COSTS CERTIFICATE

(Heading as in Form 24A)

Request for Default Costs Certificate

I/We, [name], Legal Practitioner for the [receiving party] certify that —

1. Notice of Commencement of Detailed Assessment and the Bill of Costs attached to the Notice of Commencement in respect of the costs order dated [date] were served upon [insert] (the Paying Party) on [date] by [method of service]. A copy of the document effecting service of the Notice of Commencement is attached.

2. I/We have not received any Points of Dispute and the time for receiving them has now expired.

I/We now request that the Court consider the bill of costs and make an order for such amount of the bill of costs, together with such reasonably incurred costs, court fees and assessment fees as are appropriate in this case. A draft of the Default Costs Order is attached.

Dated this day of , 20

(Signed)

[Name] Legal Practitioner for [insert party]

FORM 24C

(Rule 65.14(4))

DEFAULT COSTS CERTIFICATE

(Heading as in Form 1)
Default Costs Certificate
BEFORE:
MADE:
UPON the Court having directed [the paying party] to pay the costs [of what issue] incurred by the [receiving party] under the Judgment or Order dated [date] (the Costs Order).
AND UPON the [receiving party] having filed a Notice of Commencement in respect of [the paying party's liability to [the receiving party] on [date].
[AND UPON the [paying party's] failure to file Points of Dispute within the period prescribed by rule 65.14(1)]
AND UPON the Court having considered the Bill of Costs and the factors set out in rule 65.2
IT IS HEREBY CERTIFIED THAT —
The [receiving party's] bill of costs filed on [date] is assessed and allowed in the following sums:
(a) Sums allowed:			$
Together with interest at the statutory rate of % from the date of the
order for costs until the date of payment
(b) Filing fee:			$
(c) Administrative fee (on filing):			$
(d) Administrative fee (on assessment):			$
(e) Costs:			$
	TOTAL		$
By the Court

		Chief Registrar/Registrar

FORM 24D

(Rule 65.17)

COSTS ASSESSMENT CERTIFICATE

(Heading as in Form 24A)
COSTS ASSESSMENT CERTIFICATE
I CERTIFY THAT on the [date] the [receiving party's] Bill of Costs filed on [date] was assessed by [Judge or Master] pursuant to the order of [Judicial Officer or Court making the order for costs] dated [date of order for costs] and allowed in the following sums:
(a) Sum allowed:			$
Together with interest at the rate of % from the date of the order for
costs until the date of this order.
(b) Filing fee:			$
(c) Assessment fee:			$
(d) Fee allowed on assessment:			$
(e) VAT (if applicable)			$
	TOTAL		$
By the Court

		Chief Registrar/Registrar

FORM 25

(Rule 72.4(1))

ADMIRALTY CLAIM IN REM

The Eastern Caribbean Supreme Court
In the High Court of Justice
Claim No. of.
Between:
	A.B.		Claimant
and
	C.D.		Defendant
Claim Form In Rem
Admiralty claim in rem against [The ship “X” or other res]
The claimant, A.B. (full names), of (full address) claims against the defendant, C.D. (full names), of (full address)
Set out briefly the nature of the claim and state any specific sum that you are claiming
Amount claimed		$
Court fees		$
Legal practitioner's costs on issue		$
Together with interest from to date		$
(Daily rate thereafter = $ per day)		$
Total Claim		$
NOTICE TO THE DEFENDANTS
being the owners of and other persons interested in the ship of the port of [or cargo or as may be]
If you do not complete the form of acknowledgment of service served on you with this claim form and deliver or send it to xxx xxx xxx within 14/28 days of service of this claim form on you, the claimant will be entitled to apply to have judgment entered against you for the amount claimed. If the res described in this claim form is then under arrest of the court it may be sold by order of the court.
The form of acknowledgment of service may be completed by you or a solicitor acting for you.
You should consider obtaining legal advice with regard to this claim.
This claim form has no validity if it is not served within [12] months of the date below unless you are also served with an order that extends the time for service.
Dated [SEAL]
The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to
except public holidays.
The claimant's address for service is:

FORM 26

(Rule 72.4(3))

ADMIRALTY LIMITATION CLAIM

(Heading as in Form 25)

Limitation Claim Form

The claimant, A.B. (full names), of (full address) claims against the defendant, C.D (full names), of (full address)

Set out briefly the nature of the claim.

NOTICE TO THE DEFENDANT

Unless you admit the claim against you, you must complete the form of acknowledgment of service served on you with this claim form and deliver or send it to xxx xxx xxx so that it is received within 14/28 days of service of this claim form on you.

If you fail to do so the claimant may proceed with the claim without further notice to you.

The form of acknowledgment of service may be completed by you or a solicitor acting for you.

You should consider obtaining legal advice with regard to this claim.

This claim form has no validity if it is not served within [twelve] months of the date below unless you are also served with an order that extends the time for service.

Dated [SEAL]

The court office is at [xxx xxx xxx] telephone number xxx-xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

The claimant's address for service is:

FORM 27

(Rule 72.9(1))

WARRANT OF ARREST (ADMIRALTY)

(Heading as in Form 25)

Request for Warrant of Arrest

We of

[Legal practitioners for ] the claimant request a warrant to arrest

(description of property, giving name and port if a ship)

Dated:

(Signed)

Warrant Of Arrest

To: The Marshal

You are required to arrest the ship of the port of

[and the cargo now or lately laden in her together with the freight due for the transportation of it,] or [and the freight due for the transportation of the cargo now or lately laden in her] and to keep the same under safe arrest until you receive further orders from the Court.

The claimant claims:

Date [SEAL]

Taken out by of (Tel No.)

[Legal practitioners for] the Claimant

[Marshal's indorsement as to service]

FORM 28

(Rule 14.2(3))

REQUEST FOR CLAIM TO BE RECORDED AS SATISFIED

(Heading as in Form 1)

Request for Claim to be Recorded as Satisfied

I/We, the defendant/defendant's legal practitioner hereby request that the claim in this matter be recorded as satisfied.

Dated:

Signed:

Legal practitioner for the Defendant

To: (Claimant/Legal practitioner for the Claimant)

The claimant may by application dispute satisfaction within 14 days of service of the request of satisfaction. Failure to do so within the time stipulated, the court will record that the claim has been satisfied.

The court office is at [xxx xxx xxx] telephone number xxx xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

FORM 29

(Rule 44.3(1))

REQUEST FOR ORDER FOR ORAL EXAMINATION OF AN INDIVIDUAL

(Heading as in Form 1)

Request for Order for Oral Examination of an Individual

The [claimant] [defendant] (the 'judgment creditor') applies for an order that the [defendant] [claimant] ('the judgment debtor') attend court to provide information about the judgment debtor's means and any other information needed to enforce the judgment or order of [date].

1. Judgment Debtor

The judgment debtor is

whose address is

2. Judgment debt or order

[The judgment or order required the judgment debtor to pay $ (including interest and costs). The amount now owing is $ [which includes further interest payable on the judgment debt].

[The judgment or order required the judgment debtor to]

Notes:

Normally the examiner will ask the questions set out in the Appendix A of Practice Direction 44 and the judgment debtor will be told to produce all relevant documents including —

Pay slips

Bank statements

Share certificates

Credit Union Pass books

Mortgage statement

Hire purchase and similar agreements

Court orders

Any other outstanding bills

Electricity, gas, water, cable, telephone bills for the last year

Statement of Truth

*(I believe) (The judgment creditor believes) that the facts stated in this application are true.

*I am duly authorized by the judgment creditor to sign this statement.

Signed

Date

*(Judgment creditor) (Judgment creditor's solicitor)

*delete as appropriate

Full name

Name of judgment creditor's solicitor's firm

The court office is at [xxx xxx xxx] telephone number xxx xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

FORM 30

(Rule 44.3(1))

REQUEST FOR ORDER FOR ORAL EXAMINATION
OF AN OFFICER OF A DEBTOR COMPANY

(Heading as in Form 1)

Request for Order for Oral Examination of an Officer of a Debtor Company

The [claimant] [defendant] (the 'judgment creditor') applies for an order that the [defendant] [claimant] company or corporation ('the judgment debtor') attend court to provide information about the judgment debtor's means and any other information needed to enforce the judgment or order of [date].

1. Judgment Debtor

The judgment debtor is

whose address/registered office is situated at

2. The officer

The officer is the judgment debtor's

whose name and address is

3. Judgment debt or order

[The judgment or order required the judgment debtor to pay $ (including interest and costs).

The amount now owing is $ [which includes further interest payable on the judgment debt].

[The judgment or order required the judgment debtor to]

Notes:

Normally the examiner will ask the questions set out in the Appendix B of Practice Direction 44 and the judgment debtor will be told to produce all relevant documents including:

Bank statements

Court orders on which money is still owed

Bills owed to the company

Hire purchase and similar agreements

Any other outstanding bills

2 year's accounts

Statement of Truth

*(I believe) (The judgment creditor believes) that the facts stated in this application are true.

*I am duly authorized by the judgment creditor to sign this statement.

Signed

Date

*(Judgment creditor) (Judgment Creditor's solicitor)

*delete as appropriate

Full name

Name of judgment creditor's solicitor's firm

The court office is at [xxx xxx xxx] telephone number xxx xxxx. The office is open between [ a.m.] and [ p.m.] to

except public holidays.

FORM 31

[Rule 12.14(a) and Rule 16.3(3)(c)]

HEARING ON ASSESSMENT OF DAMAGES

(Heading as in Form 1)

NOTICE OF INTENTION TO BE HEARD ON ASSESSMENT

I/We

the defendant/defendant's legal practitioner(s) wish to be heard on

the issue of quantum at the assessment of damages and to be allowed to —

(a) cross-examine the following witness(es) to be called on behalf of the claimant(s):

(b) make submissions to the court: Yes/No

(c) call evidence, to be set out in the witness statements of: [list the names of the witnesses whose witness statements you propose to file and serve]

Dated

Signed:

Defendant/Defendant's Legal Practitioner(s)

The court office is at [xxxxxxxxxxxxx] telephone number xxx xxxx. The court office is open between [ a.m.] and [ p.m.] to

except public holidays and court holidays.

FORM 32

(Rule 12.10(1)(b))

FORM OF JUDGMENT FOR AMOUNT TO BE
DECIDED BY THE COURT

(Heading as in Form 1)
Form of Judgment for amount to be decided by the Court
NO ACKNOWLEDGMENT OF SERVICE/DEFENCE having been filed by the Defendant herein, it is this day adjudged that Judgment be entered for the Claimant for an amount to be decided by the Court.
	BY THE COURT
	REGISTRAR
NOTICE:
The matter is adjourned to Chambers for assessment of damages on the
day of , 20 .
The parties are to have regard to rule 16.2 of the Civil Procedure Rules (Revised Edition) 2023 in relation to the assessment of damages, and must comply with the procedures specified in rules 12.14 and 16.2 of those Rules.