2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

8.2   Statement of claim, etc. to be issued and served with claim form

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    (1)   A claim form may be issued and served without the statement of claim or affidavit or other document required by rule 8.1 (1) (b) or (c) only if the —

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      (a)     claimant has included in the claim form all the information required by rules 8.6. 8.7, 8.9 and 8.10; or

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      (b)     court gives permission.

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    (2)   In a case of emergency when it is not practicable to obtain the permission of the court a claimant may issue and serve the claim form without a statement of claim or affidavit or other document required by rule 8.1(1) (b) or (c) provided that the claimant —

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      (a)     certifies in writing that the issue and service of the claim form is a matter of emergency, stating why; and

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      (b)     serves a copy of the —

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        (i)     certificate; and

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        (ii)     application for permission,

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    with the claim form.

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    (3)   If a claim form is issued under paragraph (2), the claimant may take no further steps except to serve the claim form until permission is given.

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    (4)   The court may give permission under paragraph (1) only if it is satisfied that —

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      (a)     a relevant limitation period is about to expire and the claimant has obtained legal advice relating to the claim for the first time within the 28 days prior to the date that the claimant wishes to file the claim; or

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      (b)     the claim form must be issued as a matter of urgency and it is not practicable for the claimant to prepare a statement of claim or affidavit.

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    (5)   An application for permission may be made without notice but must be supported by evidence on affidavit.

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    (6)   Any order giving permission for the claim form to be served without a statement of claim or affidavit or other document required by rule 8.1(1)(b) or (c) must state a date by which that document must be served.

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    (7)   Such date must in no case be more than 56 days from the date of issue of the claim form.

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    (8)   A copy of the order or the certificate and application under paragraph (2) must be served with the claim form.

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    (9)   The claimant must file a copy of the statement of claim or affidavit or other document required by rule 8.1(1) (b) or (c), served in accordance with paragraph (6), endorsed with a certificate stating the date of service and the address at which and the manner in which it was served.