Revised Laws of Saint Lucia (2021)

Enforcement of Foreign Judgements Rules – Section 9

(Gazette 11 November 1922)

Gazette notice 11 November 1922

ARRANGEMENT OF RULES

ENFORCEMENT OF FOREIGN JUDGEMENTS RULES – SECTION 9

Commencement (11 November 1922)

Application

1.   The Application

An application under section 3(1) of the British Judgements (Enforcement) Act 1922,  Editor's note: These Rules are made under the British Judgements (Enforcement) Act, 1922. This Act was repealed by the Enforcement of Foreign Judgements Act, Chap.2.10. for leave to have a judgement obtained in a superior court in the United Kingdom or in any part of Her Majesty's Dominions outside the United Kingdom to which that Act applies, registered in the High Court in Saint Lucia shall be made ex parte or by petition to the Judge. If the application is made ex parte the judge may direct the application to be by petition.

2.   The Affidavit

The application shall be supported by an affidavit of the facts exhibiting the judgement or a verified or certified or otherwise duly authenticated copy thereof and stating that to the best of the information and belief of the deponent the judgement creditor is entitled to enforce the judgement and the judgement does not fall within any of the cases in which under section 3(2) of the Act a judgement cannot properly be ordered to be registered. The affidavit must also, so far as the deponent can, give the full name, title, trade or business and usual or last known place of abode or business of the judgement creditor and judgement debtor respectively.

Title of Proceedings

3.   Title of Affidavit and Petition

The Affidavit and the Petition (if any) shall be intituled

1.  

   “In the Matter of the Enforcement of Foreign Judgements Act, and in the matter of a judgement of the ......................................................... (describing the Court) obtained in ........................ (describing the cause or matter) and dated the day of 20........”.

4.   Service of Petition

The petition (if any) for leave to register shall be served in the same manner as a writ of summons is required to be served. The Judgement Debtor shall not be required to enter any appearance.

Order to Register Judgement

5.   The Order

Any order giving leave to register shall be drawn up by or on behalf of the judgement creditor and when the order is made on a petition the order shall be served on the judgement debtor but where the order is made on an ex parte application no service of the order on the judgement debtor shall be required.

6.   Form of order

Unless under rule 9 no notice of registration is required to be served on the judgement debtor, the order giving leave to register the Judgement shall state the time within which the judgement debtor is to be entitled to apply to set aside the registration. Such time shall ordinarily be 14 days.

Registration of Judgements

7.   The register

The register of judgements ordered to be registered under the Act shall be kept in the Registry of the High Court. The judgement shall be registered therein in accordance with the order giving leave to register it.

8.   Form of register

There shall be entered in the register the date of the order for registration and of the registration, the name, title, trade or business and usual or last known place of abode or business of the judgement debtor and judgement creditor and the amount for which the Judgement is signed and any special directions in the order for registration as to such registration and for execution thereon and the particulars of any execution issued thereon. The Register shall be indexed to facilitate reference according to existing practice in the Registry of the High Court.

Notice of Registration

9.   Notice of registration

When the order for leave to register the judgement has not been made on the admission or with the consent of the judgement debtor, notice in writing of the registration of the judgement must be served on the judgement debtor within a reasonable time after such registration. Such notice shall (in the absence of an order by the Judge as to the mode of service thereof) be served, on the judgement debtor by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the judge may at any stage of the proceedings authorise or direct some other mode of service and if he or she does so the service shall be effected in accordance with such authority or direction.

10.   Form of notice

The notice of registration shall contain full particulars of the judgement registered and of the order for such registration and shall state the name and address of the judgement creditor or of his solicitor or agent on whom and at which service of any petition issued by the judgement debtor may be served. The notice shall state that the defendant is entitled if he or she has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register.

11.   Endorsement of service

The party serving the notice shall, within 3 days at most after such service, endorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof, otherwise the judgement creditor shall not be at liberty to issue execution on the judgement; and every affidavit of service of such notice shall mention the day on which such endorsement was made. This rule shall apply to substituted as well as other service. The 3 days limited by this rule may under special circumstances be extended by order of the Judge.

Application to set aside Registration

12.   Application to set aside registration

The judgement debtor may at any time within the time limited by the order giving leave to register after service on him or her of the notice of the registration of the Judgement, should such service of notice be required under rule 9, apply by petition to the Judge to set aside the registration or to suspend execution on the Judgement and the Judge on such application if satisfied that the case comes within one of the cases in which under section 3(2) of the Act no Judgement can be ordered to be registered or that it is not just or convenient that the Judgement should be enforced in Saint Lucia or for other sufficient reason may order that the registration be set aside or execution on the judgement suspended either unconditionally or on such terms as he thinks fit and either altogether or until such time as he shall direct. However, the Judge may allow application to be made at any time after the expiration of the time herein mentioned.

13.   Petition to set aside

The petition referred to in rule 12 shall be a Petition intituled in the manner indicated by rule 3.

Execution

14.   Execution

Execution shall not issue on a Judgement registered under the Act until after the expiration of the time limited by the order giving leave to register after service on the judgement debtor of notice of the registration; provided that the Judge in court or in chambers may at any time order that execution shall be suspended for a longer time.

15.   Affidavit of service

Unless under rule 9 notice of registration is not required to be served on the judgement debtor, any party desirous of issuing execution on a Judgement registered under the Act must file in the Registry an affidavit or Sheriff's Officer's return of the service of the notice of registration.

16.   Form of writ of execution

A writ of execution on a Judgement registered under the Act shall be in a form that shows that the judgement has been duly registered in the High Court under the Act and shall describe the court in which the Judgement was obtained.

High Court Judgement

17.   Certified copy of Judgement

Any application under section 4 of the Act for a certified copy of a judgement obtained in the High Court shall be made ex parte to the Registrar of the High Court on an affidavit made by the judgement creditor or his solicitor giving the particulars of the judgement and showing that the judgement debtor is resident in the United Kingdom or in some (stating what) part of Her Majesty's Dominions outside the United Kingdom to which the Act extends and stating to the best of his information and belief the title, trade, business or occupation of the judgement creditor and judgement debtor respectively and their respective usual or last known places of abode or business.

18.   Form of certified copy

The certified copy of the judgement shall be an office copy and shall be sealed with the seal of the High Court and shall be certified as follows—

1.  

   “I certify that the above copy judgement is a true copy of a judgement obtained in the High Court in Saint Lucia and this copy is issued in accordance with section 4 of the Enforcement of Foreign Judgements Act, 1922.”

Signed ........................................................

Registrar of the High Court.

Saint Lucia.

Definitions

19.   Definitions

In these rules

“Act” means the Enforcement of Foreign Judgements Act, and the definitions contained in section 2 of the Act shall apply;

“Registrar of the High Court” shall include the Deputy Registrar.

Fees

20.   Fees

The fees set out in the Schedule to these Rules shall be payable in respect of the registration of judgements under the Act.

SCHEDULE OF FEES