Revised Laws of Saint Lucia (2021)

4.   Application for and effect of registration of foreign judgement

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   (1)   A person, being a judgement creditor under a judgement to which this Part applies may apply to the High Court at any time within 6 years after the date of the judgement, or, where there have been proceedings by way of appeal against the judgement, after the date of the last judgement given in those proceedings, to have the judgement registered in the High Court, and on any such application the Court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgement to be registered.

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   However, a judgement shall not be registered if at the date of the application—

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      (a)     it has been wholly satisfied; or

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      (b)     it could not be enforced by execution in the country of the original court.

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   (2)   Subject to the provisions of this Act with respect to the setting aside of registration—

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      (a)     a registered judgement shall, for the purposes of execution, be of the same force and effect;

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      (b)     proceedings may be taken on a registered judgement;

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      (c)     the sum for which a judgement is registered shall carry interest; and

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      (d)     the registering court shall have the same control over the execution of a registered judgement as if the judgement had been a judgement originally given in the registering court and entered on the date of registration.

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   However, execution shall not issue on the judgement so long as, under this Part and the rules of court made under it, it is competent for any party to apply to have the registration of the judgement set aside, or, where such an application is made, until after the application has been finally determined.

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   (3)   Where the sum payable under a judgement which is to be registered is expressed in a currency other than the currency of Saint Lucia, the judgement shall be registered as if it were a judgement for such sum in the currency of Saint Lucia as, on the basis of the rate of exchange prevailing at the date of the judgement of the original court, is equivalent to the sum so payable.

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   (4)   If at the date of the application for registration, the judgement of the original court has been partly satisfied; the judgement shall not be registered in respect of the whole sum payable under the judgement of the original court, but only in respect of the balance remaining payable at that date.

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   (5)   If, on an application for the registration of a judgement, it appears to the registering court that the judgement is in respect of different matters and that some, but not all, of the provisions of the judgement are such that if those provisions had been contained in separate judgements those judgements could properly have been registered, the judgement may be registered in respect of those provisions but not in respect of any other provisions contained in it.

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   (6)   In addition to the sum of money payable under the judgement of the original court, including any interest which by the law of the country of the original court becomes due under the judgement up to the time of registration the judgement shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgement from the original court.