Revised Laws of Saint Lucia (2021)

PART FIRST
GENERAL PROVISIONS

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   1.   The time and duration of the terms and sittings and of the vacations of the Supreme Court are regulated by rules of court or any other statutory provision relation thereto. (Substituted by Act 3 of 1957)

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   2.   The Supreme Court does not sit on non-juridical days. (Substituted by Act 3 of 1957)

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   3.   Barristers must appear in dark clothes, and in such robes and bands as are worn in the Supreme Court of Judicature in England. No barrister not so habited shall be heard in any cause in the Supreme Court. (Amended by Act 3 of 1957)

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   4.   The Sheriff and the Registrar appear in Court in their robes. (Substituted by Act 3 of 1957)

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   5.   The Sheriff and Registrar personally attend the Court de die in diem during all sittings of the Court.

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   6.   No solicitor, Registrar, or Sheriff shall be bail or surety in any action or proceeding to any Court.

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   7.   “Solicitor” in this Code means a procureur or attorney-at-law.

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   8.   Any writ of summons or other proceeding which, before the Proclamation of the Governor General appointing the day upon which the birthday of the Sovereign is to be celebrated, or a day to be observed as a general fast or thanksgiving, was made returnable on the day so fixed, may be returned on the next juridical day.

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   9.   If the day on which anything ought to be done in pursuance of the law is a non-juridical day, such thing may be done with like effect on the next following juridical day.

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   10.   Persons present at sittings of the Courts must remain uncovered, and in silence.

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   11.   All orders given by the Court or Judge for the maintenance of good order during the sittings must be instantly obeyed.

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   The word “Judge” used alone, either in this Code or in the Civil Code, means a Judge of the Supreme Court. (Amended by Act 17 of 1953)

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   12.   The provisions of the 2 last preceding articles must likewise be observed wherever the Judge is in the exercise of his or her functions.

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   13.   Any person who, during the sitting of the Court or of the Judge, disturbs order, utter signs of approbation or disapprobation, or refuses to withdraw or to obey the orders of the Judge, or the admonitions of the criers or other officers of the Court, may be condemned at once to a fine or imprisonment, or both, according to the discretion of the Court or Judge.

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   14.   If the disturbance is caused by a person discharging any function before the Court, he or she may, in addition to the punishment imposed in the preceding article, be suspended from such function.

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   15.   The Court in all cases brought before it may, according to circumstances, even of its own accord, pronounce orders or reprimands, and suppress writings, or declare them libellous.

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   16.   Provision for the appointment and remuneration of interpreters is contained in the Supreme Court Act or any other statute. (Substituted by Act 3 of 1957)

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   17.   The Court or Judge may require an oath when it is deemed necessary, and may in such case, as well as in any case when an oath is required by law, or the rules of practice, administer the same.

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   18.   No person can bring a suit at law unless he or she has an interest therein.

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   19.   No person can be a party to a suit, either as claimant or defendant, in any form whatever, unless he or she has the free exercise of his or her rights, except where special provisions apply.

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   Those who have not the free exercise of their rights must be represented, assisted, or authorised in the manner prescribed by the laws which regulate their particular status or capacity.

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   All foreign corporations or persons, duly authorised under any foreign law to appear in judicial proceedings, may do so before any Court in Saint Lucia.

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   Any person who, according to the laws of a foreign country, is authorised to represent a person who has died or made his or her will therein, leaving property in Saint Lucia, may also appear as such in judicial proceedings before any Court in Saint Lucia.

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   20.   Several causes of action may be joined in the same suit, provided they are not incompatible or contradictory, that they seek condemnations of a like nature, and that their joinder is not prohibited by some express provision.

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   A creditor cannot divide his or her debt for the purpose of suing for the several portions of it by different actions.

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   21.   No judicial demand can be adjudicated upon unless the party against whom it is made has been heard or duly summoned.

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   22.   If the consent of any one who should be joined as plaintiff cannot be obtained, he or she may be made a defendant for reasons stated in the declaration.

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   23.   The Court cannot adjudicate beyond the conclusions of a suit, but may grant them only in part.

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   24.   A party who brings a suit for less than he or she is entitled to, upon the same cause of action, may remedy the omission by a supplementary demand in the same suit before judgment rendered.

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   25.   No person can use the name of another to plead, except the Crown through its recognized officers. Tutors, curators, and others representing persons who have not the free exercise of their rights, plead in their own name in their respective qualities. Corporations plead in their corporate name.

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   26.   In any judicial proceeding it is sufficient that the facts and conclusions be distinctly and fairly stated, without any particular form being necessary, and such statements are interpreted according to the words in ordinary language.

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   27.   All provisions and rules concerning procedure are interpreted with reference to each other and in such a manner as to give them all the effect intended; and whenever this Code does not contain any provision for enforcing or maintaining some particular right or just claim, or any rule applicable thereto, any proceeding adopted which is not inconsistent with law or the provisions of this Code is received and held to be valid.

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   28.   No public officer, or other person fulfilling any public duty or function, can be sued for damages by reason of any act done by him or her in the exercise of his or her functions, nor can any judgment be rendered against him or her, unless notice of such suit has been given him or her at least one month before the issuing of the writ of summons.

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   Such notice must be in writing, it must specify the grounds of the action, must be served upon him or her personally, or at his or her domicile, and must state the name and residence of the plaintiff.

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   29.   Any party to a suit may appear and plead either in person or through the ministry of a solicitor.

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   30.   Neither the day of service nor the terminal day is counted in the delays fixed for summoning.

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   Delays continue to run upon Sundays and holidays; but if a delay expires on a non-juridical day, it is of right extended to the next following day.

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   The same rule applies to all other delays in procedure.

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   31.   The provisions of article 1 of the Civil Code apply to this Code. (Amended by Act 4 of 1939)

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      1.     Any copy of this Code, or of the Civil Code of Saint Lucia, or any extract of either of said Codes, purporting to be printed by the Government Printer, is deemed authentic.

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           Any abbreviated form of reference to any Act or part of an Act, is sufficient if it is intelligible.

     2.     (a)     A receivable order is an order authorising the payment of money into the Supreme Court, or into the West Indian Court of Appeal, or to the Sheriff, or to the Administrator General, and the order is obtained from the Registrar of the Court, the Sheriff or the Administrator General, as the case may be.

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   (b)     The order is addressed to the Treasurer and requests the Treasurer to place the amount therein mentioned to the credit of the account of the officer issuing the order.

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   (c)     The Registrar of the Court may require payments into Court or to the Registrar to be made to the credit of his or her account as Sheriff.

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   3.     The payment is only deemed complete when the Treasury receipt for the amount mentioned in the receivable order is filed with the officer from whom the order is obtained.

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        This, however, does not apply to fees of Court.

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   4.     Payments are made by the Registrar, Sheriff, or Administrator General, as the case may be, upon an order signed by the Judge or in virtue of a judgment or other lawful authority authorizing such payments. The party entitled to receive the amount signs a receipt prepared by the officer authorised to pay, and receives an order upon the Treasurer for payment of the amount signed by the officer paying and countersigned by the chief clerk to the said officer. But if the chief clerk as acting officer issues the order it is to be countersigned by the second clerk or by such person as the Governor General may appoint to countersign the order.

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   32.   The Court or Judge may enlarge the time allowed for doing any act or taking any proceedings, upon such terms as the justice of the case requires, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time allowed.

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   33.   The Court or Judge may adjourn the trial, hearing or determination of any action or proceeding for such time and on such terms as justice requires.

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   34.   The Court or Judge may allow any amendment of any writ, declaration, pleading, or other document at any time and on such terms as justice requires.

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   35.   Where a delay of only one day is given, the delay is that of a juridical day.

PART SECOND
PROCEDURE BEFORE THE SUPREME COURT

BOOK FIRST
SUPREME COURT

PRELIMINARY PROVISIONS

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   (Modified by 1. Leeward Islands and Windward Islands (Courts) Order in Council, 1939 (Imp.) and 2. Supreme Court Ordinance, 1955.

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   36.   The Court has original jurisdiction in all suits or actions which are not exclusively within the jurisdiction of the District Court or of the Admiralty.

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   37.   The Supreme Court or Judge may, from time to time, make any rules of practice that may be necessary for regulating proceedings, in or out of term, in causes and matters, whether in the Supreme or in the District Court, and on all matters of procedure.

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   The Supreme Court or Judge may also make any tariffs of fees for the counsel, solicitors, examiners, and other officers appointed by the Court, whose salaries are not fixed by law.

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   Cabinet may make, modify, revoke, or amend, any such rules or tariffs; and no rules or tariffs are valid until approved by Cabinet, or published by Proclamation of the Governor General. Her Majesty may disallow such rules or tariffs after they have come into force for the discharge of the duties and services therein mentioned, is liable to a penalty of not more than $96 for each offence.

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   The power to make rules of court conferred on the Chief Justice by this article shall be deemed to include the power to add, vary or annul any existing rules of court or articles of the said Code of Civil Procedure.

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   The Chief Justice may also make, add to, or annul any rules of court for the more effectual carrying out of any of the provisions of the Civil Code or of any other statute, and any such rules may repeal any provision of the said Civil Code or of any other statute and substitute other provisions in lieu thereof.

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   All such rules of court shall, on being approved by the House of Assembly, have the same force and effect as an Act, and shall come into operation on publication in the Gazette or on such other day as may be prescribed in such rules.

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   37A.   In all cases of procedure not provided for by the Code of Civil Procedure or any rules of court, or otherwise, the procedure or practice shall be such as the Judge may direct or approve. (Inserted by Act 23 of 1916)

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   38.   The Judge and Registrar, and every commissioner as hereinafter mentioned, has a right to administer and receive the oath, whenever it is required by law, by rules of practice, or by order of a Court or Judge, unless such right be restricted by special law.

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   Cabinet may, from time to time, appoint fit persons residing in any part of Great Britain and Ireland, or in any of the British colonies, as commissioners for receiving such affidavits.

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   Every member of the House of Assembly, stipendiary Magistrate, and justice of the peace is ex officio a commissioner for taking such affidavits.

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   Every affidavit thus received has the same force and effect, and is entitled to the same credence as if it had been received in open Court.

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   Affidavits have a like force if received before a commissioner authorised by the Lord Chancellor to administer affidavits in Chancery in England; or before a notary public under his or her hand and official seal; or before the mayor or chief magistrate of any city, borough, or incorporated town in Great Britain or Ireland, in any of Her Majesty's colonies or in any foreign country, under the common seal of such city, borough, or incorporated town; or before any Judge of a superior court in any of Her Majesty's colonies or dependencies; or before any consul, vice-consul, temporary consul, pro-consul, or consular agent of Her Majesty exercising his or her functions in a foreign country.

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   Affidavits have a like effect if sworn before a British diplomatic officer exercising his or her functions in any place outside of Saint Lucia.

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   The words “Commissioner of the Supreme Court,” whenever they are used in this Code, mean any person capable of receiving affidavits under any of the provisions of this article.

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   (Amended by Act 23 of 1916)

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   39.   If a party establishes under oath that he or she does not possess sufficient means to make the necessary disbursements, the Court or Judge, on being satisfied by affidavit that such party has a right of action or a good defence, may grant him or her leave to plead in forma pauperis, and may order all officers of justice, including the Crown Attorney, to afford their services without any remuneration; but such party, if he or she fails in the suit, is not exempt from condemnation to pay costs to the other party. (Amended by Act 17 of 1953)

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   40.   Such leave may, however, be revoked by the Court or Judge, upon proof that the party was or has since become able to make the necessary disbursements.

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   41.   If a party proceeding in forma pauperis obtains judgment in his or her favour, the other party may be condemned to pay costs, including those of the officers of justice, who are then entitled to an execution to obtain payment thereof from such party by way of distraction.

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   No more than one execution can, however, be issued for all the taxed costs remaining unpaid; it is issued at the instance of the Registrar, or of any party interested, and the monies are returned into the office of the Registrar, who pays the same free of charge to the parties entitled thereto.

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   41A.   (See now Supreme Court Act, section 20) (Amended by Act 17 of 1953)

BOOK SECOND
THE SUIT

CHAPTER FIRST
SUMMONS

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   42–47.   (Repealed by S.I. 3 of 1970)

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   48.   The writ must state the names, the occupation or quality, and the domicile of the plaintiff, and the names and actual residence of the defendant.

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   In actions upon bills of exchange or promissory notes, or any other private writings, whether negotiable or not, it is sufficient to give the initials of the Christian or first names of the defendant, such as they are written upon such bills, notes, or instrument.

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   When a corporate body is a party to the suit, it is sufficient to insert its corporate name, and to indicate the name of the place where its principal office is.

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   When the name of any partner is unknown, the partners may be sued in the name of the firm.

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   One partner may sue, and be sued by the remaining partners, for a particular debt.

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   A firm which has registered its partnership in conformity with article 20 of the Commercial Code may sue and be sued in the name of the firm.

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   49–51.   (Repealed by S.I. 3 of 1970)

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   52.   If the object of the demand is a thing certain, it should be described in such a manner as clearly to establish its identity.

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   If it relates to a corporeal immovable, the nature of such immovable, the town, village, street, or district, wherein it is situated, and also the lands conterminous to it, should be mentioned.

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   If it is a body of land, known under a particular name, it is sufficient to give its name and its situation.

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   If the immovable forms part of a district, town, or village, the lots in which are numbered, it is sufficient to state its number.

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   53–69.   (Repealed by S.I. 3 of 1970)

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   70.   The Sheriff and his or her officers cannot make services in cases in which they are interested, nor in those which concern their relations by birth or affinity, if nearer than the degree of cousin-german.

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   71–75.   (Repealed by S.I. 3 of 1970)