Revised Laws of Saint Lucia (2021)

Schedule 3

(Section 11)

SALARIES OF JUDGES OF SUPREME COURT

(Substituted by S.I. 95/2008, S.I. 111/2012, S.I. 1/2016 and S.I. 51/2020)

CHAPTER 2.01
SUPREME COURT ORDER – SECTION 6 WEST INDIES ACT 1967 OF THE UNITED KINGDOM

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Eastern Caribbean Supreme Court (Saint Lucia) Act

(Acts 17 of 1969, 32 of 1972, 4 of 1975 and 25 of 2000)

Act 17 of 1969.. in force 10 January 1970 (S.I. 3/1970)

Amended by Act 32 of 1972 .. in force 9 November 1972

Amended by Act 4 of 1975 .. in force 3 March 1975

Amended by Act 25 of 2000 .. in force 25 November 2000

Statutory Instruments Made Under the Supreme Court Order

ARRANGEMENT OF SECTIONS

PRELIMINARY

PART 1
THE HIGH COURT

Jurisdiction and Law

Administration of Estates

PART 2
THE COURT OF APPEAL

Jurisdiction of Court of Appeal

Admiralty Appeals from High Court

Criminal Appeals from High Court

Appeals in Contempt Proceedings

PART 3
OFFICERS OF THE COURT

Administrator General

Commissioners of the Supreme Court

PART 4
WITNESSES

PART 5
MISCELLANEOUS

EASTERN CARIBBEAN SUPREME COURT (SAINT LUCIA) ACT

AN ACT to confer jurisdiction upon the Eastern Caribbean Supreme Court and for connected matters.

Commencement [10 January 1970]

PRELIMINARY

1.   Short title

This Act may be cited as the Eastern Caribbean Supreme Court (Saint Lucia) Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed, but does not include a criminal proceeding by the Crown;

“British Caribbean Court of Appeal” means the British Caribbean Court of Appeal established by the British Caribbean Court of Appeal Order in Council 1962 and in existence immediately before the prescribed date;

“cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding by the Crown;

“Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme Court;

“Chief Registrar” means the Chief Registrar of the Supreme Court;

“Court” means the Eastern Caribbean Supreme Court established by the Supreme Court Order;

“defendant” includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;

“enactment” means an Act or a statutory instrument or any provision in an Act or statutory instrument;

“former Court of Appeal” means the Court of Appeal of the Windward Islands and the Leeward Islands in existence immediately before the prescribed date;

“former Supreme Court” means the Supreme Court of the Windward Islands and Leeward Islands in existence immediately before the prescribed date;

“judgment” includes decree;

“matter” includes every proceeding in court not in a cause;

“master” means a master of the Supreme Court;

“order” includes decision and rule;

“party” includes every person served with notice of or attending any proceeding, although not named in the record;

“petitioner” includes every person making an application to the court, either by petition, motion or summons, otherwise than as against the defendant;

“plaintiff” includes a claimant and every person asking any relief otherwise than by way of counter claim as a defendant against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons fixed date claim or otherwise;

“pleading” includes any petition or summons, and also includes the statements in writing of the declaration, claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counterclaim of a defendant;

“prescribed” means prescribed by the Code of Civil Procedure, or by rules of court;

“prescribed date” means the date prescribed by the Chief Justice under section 1(2) of the Supreme Court Order namely 24 April 1967;

“proceeding” includes action, cause or matter;

“Registrar” means the Registrar of the High Court;

“rules of court” includes the Code of Civil Procedure and forms;

“suit” includes action;

“verdict” includes the finding of a jury and the decision of a judge.

(Amended by Act 25 of 2000)

3.   Reference to former Courts

1.  

   (1)   Where in any enactment or other law in force in the State immediately before the prescribed date reference is made to the former Supreme Court in the exercise of its jurisdiction and powers, or to a judge of the former Supreme Court, that reference shall be deemed to be a reference to the High Court or to a judge of the High Court as the case may be.

1.  

   (2)   Where in any enactment or other law in force in the State immediately before the prescribed date reference is made to the former Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal.

1.  

   (3)   Where in any enactment or other law in force in the State prior to the prescribed date reference is made to the British Caribbean Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal.

1.  

   (4)   Any act done or proceedings taken in respect of any cause or matter whatsoever in the former Supreme Court or before a judge thereof prior to the prescribed date shall have effect after the prescribed date as if it had been done or taken in the High Court or before a judge thereof.

4.   How Supreme Court judges are to be addressed

All judges of the Supreme Court are to be addressed in the manner customary in addressing the judges of the former Supreme Court immediately before the prescribed date.

5.   Constitution of Court of Appeal and High Court

Subject to the provisions of section 17(3) of the Supreme Court Order and of rules of court, the Court of Appeal and the High Court for the exercise of the jurisdiction conferred upon them respectively are constituted in such manner as the Chief Justice may direct.

PART 1
THE HIGH COURT

Jurisdiction and Law

6.   Jurisdiction of former Supreme Court vested in High Court

There is vested in the High Court all jurisdiction which was vested in the former Supreme Court by any enactment or any other law in force in this State immediately before the prescribed date and such jurisdiction shall include—

1.  

   (a)     the jurisdiction which was vested in or capable of being exercised by all or any one or more of the judges of the former Supreme Court sitting in court or chambers or elsewhere when acting as judges or a judge pursuant to any enactment or any other law for the time being in force in this State;

1.  

   (b)     all the powers given to the former Supreme Court or to any judge or judges thereof by any enactment or any other law for the time being in force in this State;

1.  

   (c)     all ministerial powers, duties and authorities incidental to any and every part of that jurisdiction.

7.   Jurisdiction of High Court

The High Court has and exercises an original jurisdiction in all civil causes and matters whatsoever within the State, save and except such matters as are exclusively assigned to the district courts.

8.   Jurisdiction of High Court in Admiralty

The High Court has and exercises all such jurisdiction in Admiralty and the same powers and authorities incidental to such jurisdiction as immediately before the prescribed date were vested in the former Supreme Court, and any reference to the former Supreme Court in the Admiralty Jurisdiction (Saint Lucia) Order, 1965Statutory Instrument 1965 No. 129 (U.K.) (Appendix to 1965 Laws of Saint Lucia). shall be deemed to be a reference to the High Court.

9.   Practice of High Court in Bankruptcy

The jurisdiction of the High Court in Bankruptcy shall be exercised in accordance with the provisions of Title IX of the Commercial Code and the rules for the time being in force in the State.

10.   Practice of High Court in Criminal proceedings

The jurisdiction of the High Court in all criminal proceedings shall be exercised in accordance with the Criminal Code and any other law in force in the State.

11.   Practice of High Court in Civil proceedings and in probate causes

The jurisdiction vested in the High Court in civil proceedings including matrimonial causes and in probate causes shall be exercised in accordance with the provisions of this Act, the Civil Code, the Code of Civil Procedure, any other law in force in the State and rules of court, and, where no special provision is therein contained, such jurisdiction shall be exercised as nearly as may be administered for the time being in the High Court of Justice in England.

12.   Power of High Court to review proceedings of magistrate

1.  

   (1)   Upon application by or on behalf of the Attorney General the High Court may, if it thinks fit, order any magistrate to send to the Registrar the record of proceedings in any criminal or quasi-criminal cause or matter, and may also, if it thinks fit, require, in addition to such record, a statement showing in detail the proceedings taken in reference to the whole cause or any particular matter; and, if it appears to the High Court that there has been any material error in the proceedings of such magistrate, the High Court may set aside or vary any decision, order, or proceeding of such magistrate, and pass such judgment or order, or remit the cause or matter to the magistrate with such directions as the High Court thinks just.

1.  

   (2)   It shall be the duty of every magistrate to comply with any directions given by the High Court under this section, and, if required so to do, to enforce any judgment or order of the High Court as aforesaid.

1.  

   (3)   It shall be in the discretion of the High Court to exercise the powers given to it by this section either without hearing any person or after hearing such person as it thinks fit; and the High Court may, if it thinks fit, direct that an order to show cause be served upon such person as the High Court thinks fit, and upon making any such order, may direct the costs to be paid by all or any of the parties served, as the High Court thinks just.

13.   Jurisdiction of single judge and Masters

1.  

   (1)   A single judge of the High Court may, in accordance with rules of Court, exercise in Court or in chambers all or any of the jurisdiction vested in the High Court.

1.  

   (2)   A master shall exercise the authority and jurisdiction of a judge of the High Court sitting in chambers and such other authority and jurisdiction as may from time to time be assigned by the rules of court made under section 17 of the Supreme Court Order.

1.  

   (3)   Where a master has and exercises jurisdiction in relation to any matter the master shall have all the powers rights and immunities and privileges of a judge in relation to the matter.

1.  

   (Substituted by Act 25 of 2000)

14.   Counterclaim and third parties

1.  

   (1)   The Court or judge shall have power to grant to any defendant in respect of any right or title claimed or asserted by him or her—

   1.  

      (a)     all such relief against any plaintiff or petitioner as the defendant has properly claimed by his or her pleading, and as the Court or judge might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and

   1.  

      (b)     all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to rules of court or any order of the Court, as might properly have been granted against that person if he or she had been made a defendant to a cause duly instituted by the same defendant for the like purpose.

1.  

   (2)   Every person served with any such notice as aforesaid shall thenceforth be deemed a party to the cause or matter with the same rights in respect of his or her defence against the claim as if he or she had been duly sued in the ordinary way by the defendant.

15.   Defence or stay instead of injunction or prohibition

No cause or proceeding at any time pending in the High Court or in the Court of Appeal shall be restrained by prohibition or injunction but every matter on which an injunction against the prosecution of any such cause or proceeding might formerly have been obtained whether unconditionally or on any terms or conditions, may be relied on by way of defence thereto:

Provided that—

1.  

   (a)     this Act shall not disable the High Court or the Court of Appeal, if it thinks fit so to do, from directing a stay of proceedings in any cause or matter pending before it; and

1.  

   (b)     any person, whether a party or not to any such cause or matter who would formerly have been entitled to apply to any court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, in contravention of which all or any part of the proceedings in the cause or matter have been taken, may apply to the High Court or to the Court of Appeal, as the case may be, by motion in summary way, for a stay of proceedings in the cause or matter, either generally, or so far as may be necessary for the purposes of justice, and the High Court or the Court of Appeal shall thereupon make such order as shall be just.

16.   Injunction and appointment of receivers

1.  

   (1)   Subject to the provisions of the Code of Civil Procedure and rules of court, a mandamus or injunction may be granted, or a receiver appointed, by an order of the High Court or judge of the High Court in all cases in which it appears to the High Court or judge to be just or convenient that that order should be made.

1.  

   (2)   The order may be made either unconditionally or upon terms and conditions which the High Court or judge of the High Court thinks just.

1.  

   (3)   If the order is asked for, either before or at, or after the trial or hearing of any cause or matter to prevent any threatened or apprehended waste, injury or trespass, the order may be made if the High Court or a judge of the High Court thinks fit:—

   1.  

      (a)     whether the person against whom the order is sought—

      1.  

         (i)     is or is not in possession under any claim of title or otherwise, or

      1.  

         (ii)     if not in possession, does or does not claim a right to do the act sought to be restrained under any colour or title; and

   1.  

      (b)     whatever may be the nature of the interest claimed by all or by any of the parties.

17.   Extent of remedies

The High Court and Court of Appeal respectively in exercise of the jurisdiction vested in them by this Act, shall, in every cause or matter pending before the Court, have power to grant, and shall grant, either absolutely or on such terms and conditions as the High Court or Court of Appeal may think just, all the remedies or relief whatsoever to which any of the parties appear to be entitled in respect of any and every claim properly brought forward by him or her or them respectively in the cause or matter; so that, as far as possible, all matters in controversy between those parties respectively may be completely and finally determined, and all multiplicity of proceedings concerning any of those matters avoided.

18.   Execution of instruments by order of court

Where any person neglects or refuses to comply with a judgment or order directing him or her to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the High Court may nominate for that purpose, and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

19.   Rules of Court

1.  

   (1)   The power to make rules of court conferred on the Chief Justice and any other 2 judges of the Supreme Court by the Court's Order shall be deemed to include the power to make rules for regulating proceedings in inferior Courts, and to add to, vary or annul any existing rules of court or articles of the Code of Civil Procedure.

1.  

   (2)   The Chief Justice and any other 2 judges of the Supreme Court 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 provisions of the said Civil Code or of any other statute and substitute other provisions in lieu thereof.

20.   Procedure in cases not provided for

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 of the High Court shall be such as the judge of the High Court may direct or approve, and the judge of the High Court may in any cause or matter make an order as to the procedure to be followed which he or she considers necessary for doing justice in the cause or matter whether such order has been expressly asked for by the party entitled to the benefit thereof or not.

21.   Restrictions on institution of vexatious actions

1.  

   (1)   If, on an application made by the Attorney General under this section to the High Court, the High Court is satisfied that any person has habitually and persistently and without reasonable ground instituted vexatious legal proceedings, whether in the Court of Appeal, the High Court, or in a District Court, and whether against the same person or against different persons, the High Court may, after hearing the person or giving him or her an opportunity of being heard, order that no legal proceedings shall without leave of the High Court or a judge thereof be instituted by him or her in any court and such leave shall not be given unless the High Court is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings.

1.  

   (2)   If the person against whom an order is sought under this section is unable on account of poverty to retain counsel, the High Court shall assign counsel to him or her.

1.  

   (3)   A copy of any order made under this section shall be published in the Gazette.

Administration of Estates

22.   Application for direction of High Court

1.  

   (1)   Any guardian of the person or estate, any executor or administrator, and any person appointed or required to administer the property of another for the benefit of the other, may apply to the High Court for its opinion, advice, or direction on any question respecting the management or administration of that property or respecting his or her conduct as guardian, executor, administrator, or person aforesaid.

1.  

   (2)   Every guardian, executor, administrator or person aforesaid, acting upon the opinion, advice, or direction given by the High Court, shall be deemed, so far as regards his or her own responsibility, to have discharged his or her obligations and his or her duty as that guardian, executor, administrator or person in the subject matter of the application.

1.  

   However, the provisions of this section shall not extend to indemnify any guardian, executor, administrator or person aforesaid in respect of any act done in accordance with the opinion, advice, or direction of the High Court, if he or she has committed any fraud or wilful concealment or misrepresentation in obtaining that opinion, advice, or direction.

1.  

   (3)   The High Court shall have full jurisdiction to entertain and shall dispose of all or any of the following questions or matters, that is to say—

   1.  

      (a)     any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, heir or person beneficially interested;

   1.  

      (b)     the ascertainment of any class of creditors, legatees, devisees, heirs or others;

   1.  

      (c)     the furnishing of any particular accounts by the guardian, executor, administrator or person administering as aforesaid, and the vouching, when necessary, of those accounts;

   1.  

      (d)     the payment into the registry of any money in the hands of the guardian, executor, administrator or person aforesaid;

   1.  

      (e)     directing the guardian, executor, administrator or person aforesaid to do or abstain from doing any particular act in that character;

   1.  

      (f)     the approval of any sale, purchase, compromise or other transaction; and

   1.  

      (g)     the determination of any question arising in the administration of the property or in the performance of any duty by the guardian, executor, administrator or person aforesaid.

1.  

   (4)   An application under the provisions of this section may be made in the manner provided by rules of court, and, in the absence of any special provision thereby may be made by petition.

1.  

   (5)   Notice in the first instance shall be served on the following persons, that is to say—

   1.  

      (a)     where the application is made by a guardian, executor, administrator or person aforesaid—

      1.  

         (i)     for the determination of any question under subsection (3)(a), (3)(e), (3)(f) or (3)(g), the persons or one of the persons whose rights or interests are sought to be affected,

      1.  

         (ii)     for the determination of any question under subsection (3)(b), any member or alleged member of the class,

      1.  

         (iii)     for the determination of any question under subsection (3)(c), any person interested in taking the accounts,

      1.  

         (iv)     for the determination of any question under subsection (3)(d), any person interested in the money,

      1.  

         (v)     if there are more guardians, executors, administrators or persons aforesaid than one, and they do not all concur in the application, those who do not concur; and

   1.  

      (b)     where the application is made by any person other than the guardian, executor, administrator or person aforesaid, that guardian, executor, administrator or person.

1.  

   (6)   The High Court may direct any other persons it thinks fit to be served with notice of the application.

PART 2
THE COURT OF APPEAL

Jurisdiction of Court of Appeal

23.   Jurisdiction vested in Court of Appeal

Subject to the provisions of this Act, there shall be vested in the Court of Appeal—

1.  

   (a)     the jurisdiction and powers which at the prescribed date were vested in the former Court of Appeal;

1.  

   (b)     the jurisdiction and powers which at the prescribed date were vested in the British Caribbean Court of Appeal;

1.  

   (c)     such other jurisdiction and powers as may be conferred upon it by this Act or any other law.

24.   Practice and procedure in the Court of Appeal

The jurisdiction of the Court of Appeal so far as it concerns practice and procedure in relation to appeals from the High Court shall be exercised in accordance with the provisions of this Act and rules of court, and where no special provisions are contained in this Act or rules of court, such jurisdiction so far as concerns practice and procedure in relation to appeals from the High Court shall be exercised as nearly as may be in conformity with the law and practice for the time being in force in England—

1.  

   (a)     in relation to criminal matters, in the Court of Appeal (Criminal Division);

1.  

   (b)     in relation to civil matters, in the Court of Appeal (Civil Division).

25.   Appeals from magistrate's Courts

1.  

   (1)   Subject to the provisions of the Criminal Code, the Code of Civil Procedure or any other enactment regulating appeals from District Court and to rules of court, an appeal shall lie to the Court of Appeal from any judgment, decree, sentence or order of a magistrate in all proceedings.

1.  

   (2)   The time within which notice of appeal may be given or any bond or security entered into or grounds of appeal filed in relation to appeals under this section may be extended at any time by the Court of Appeal.

26.   Appeals from High Court in civil matters

1.  

   (1)   Subject to the provisions of this Act or any other enactment—

   1.  

      (a)     the Court of Appeal shall have jurisdiction to hear and determine any matter arising in any civil proceedings upon a case stated or upon a question of law reserved by the High Court or by a judge thereof pursuant to any power conferred in that behalf by a law in operation in the State;

   1.  

      (b)     an appeal shall lie to the Court of Appeal, and the Court of Appeal shall have jurisdiction to hear and determine the appeal, from any judgment or order of the High Court in all civil proceedings, and for the purposes of and incidental to the hearing and determination of any appeal, and the amendment, execution and enforcement of any judgment or order made thereon, the Court of Appeal shall have all the powers, authority and jurisdiction of the High Court.

1.  

   (2)   No appeal shall lie under this section—

   1.  

      (a)     from any order made in any criminal cause or matter;

   1.  

      (b)     from an order allowing an extension of time for appealing from a judgment or order;

   1.  

      (c)     from an order of a judge giving unconditional leave to defend an action;

   1.  

      (d)     from a decision of the High Court or of any judge thereof where it is provided by any law that such decision is to be final;

   1.  

      (e)     from an order absolute for the dissolution or nullity of a marriage in favour of any party who having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree, except upon some point which would not have been available to such party on such appeal;

   1.  

      (f)     without the leave of the judge making the order or of the Court of Appeal from an order made with the consent of the parties or as to costs where such costs by law are left to the discretion of the court;

   1.  

      (g)     without the leave of the judge or of the Court of Appeal from any interlocutory judgment or any interlocutory order given or made by a judge except—

      1.  

         (i)     where the liberty of the subject or the custody of infants is concerned,

      1.  

         (ii)     where an injunction or the appointment of a receiver is granted or refused,

      1.  

         (iii)     in the case of a decree nisi in any proceedings for nullity or dissolution of marriage, or a judgment or order in an admiralty action determining liability,

      1.  

         (iv)     in such other cases, to be prescribed, as are in the opinion of the authority having power to make rules of court of the nature of final decisions.

1.  

   (3)   For the purposes of subsection (2) “judge” means judge of the High Court and where the context admits includes a master.

1.  

   (Amended by Act 25 of 2000)

27.   Powers of judge of High Court

Where an appeal has been brought under the provisions of the foregoing section and is pending in the Court of Appeal, a judge of the High Court may hear and determine such applications incidental to the appeal and not involving the decision thereof as may be prescribed by rules of court; but an order made on any such application may be discharged or varied by the Court of Appeal.

28.   Powers of Court of Appeal on hearing an appeal

1.  

   (1)   On the hearing of an appeal from any order the High Court in any civil cause or matter, the Court of Appeal shall have power to—

   1.  

      (a)     confirm, vary, amend or set aside the order or make such order as the High Court might have made, or to make any order which ought to have been made, and to make such further or other order as the nature of the case may require;

   1.  

      (b)     draw inferences of fact;

   1.  

      (c)     direct the High Court to enquire into and certify its findings on any question which the Court of Appeal thinks fit to be determined before final judgment in the appeal.

1.  

   (2)   The powers of the Court of Appeal under this section may be exercised although no notice of appeal or respondent's notice has been given in respect of any particular part of the decision of the High Court by any particular party to the proceedings in court or that any ground for allowing the appeal or for affirming or varying the decision of the High Court is not specified in such notice; and the Court of Appeal may make an order in such terms as the Court of Appeal thinks just to ensure the determination on the merits of the real question in controversy between the parties.

1.  

   (3)   The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

1.  

   (4)   The Court of Appeal may make such order as to the whole or any part of the costs of an appeal as may be just, and may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

29.   Supplementary powers of Court of Appeal

For the purposes of an appeal in any civil cause or matter, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

1.  

   (a)     order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the cause.

1.  

   However, a person is not compelled to produce under any such order any writing or other document which he or she could not have been compelled to produce at the hearing or trial;

1.  

   (b)     order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court of Appeal, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules of court before any judge of the Court of Appeal or before any officer of the Court of Appeal or other person appointed by the Court of Appeal for the purpose, and allow the admission of any deposition so taken as evidence before the Court of Appeal;

1.  

   (c)     receive the evidence, if tendered, of any witness including the appellant who is a competent but not a compellable witness and, if application is made for the purpose of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application;

1.  

   (d)     where any question arising in the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court of Appeal, conveniently be conducted before the Court of Appeal, order the reference of the question in manner provided by rules of court for inquiry and report to a special commissioner appointed by the Court of Appeal, and act upon the report of any such commissioner as far as it thinks fit to adopt it; and

1.  

   (e)     appoint any person with special expert knowledge to act as assessor in an advisory capacity to the Court of Appeal in any case where it appears to the Court of Appeal that such special knowledge is required for the proper determination of the case.

30.   Power of Court of Appeal as to new trials

1.  

   (1)   Subject to the provisions of this section on the hearing of an appeal in any civil cause or matter the Court of Appeal shall, if it appears to the Court of Appeal that a new trial should be held, have power to set aside the order appealed against and order that a new trial be held.

1.  

   (2)   On the hearing of an appeal in any civil cause or matter, the following provisions shall apply—

   1.  

      (a)     a new trial shall not be ordered on the ground of the improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned;

   1.  

      (b)     a new trial may be ordered on any question without interfering with the finding or decision upon any other question; and if it appears to the Court of Appeal that any such wrong or miscarriage as is mentioned in sub-paragraph (a) of this subsection affects part only of the matter in controversy or one or some only of the parties, the Court of Appeal may order a new trial as to that party only, or as to that party or those parties only, and give final judgment as to the remainder.

31.   Wrong rulings as to sufficiency of stamps

The Court of Appeal shall not grant a new trial or reverse any judgment by reason of the ruling of any court that the stamp upon any document is sufficient or that the document does not require a stamp.

Admiralty Appeals from High Court

32.   Appeals from High Court in its Admiralty Jurisdiction

Judgments of the High Court in exercise of its jurisdiction in Admiralty shall be subject to the like appeal to the Court of Appeal in exercise of its civil jurisdiction, and the Court of Appeal shall for the purpose thereof possess all the jurisdiction in Admiralty conferred upon the High Court.

Criminal Appeals from High Court

33.   Criminal Appeals from High Court

1.  

   (1)   In sections 33 to 55 of this Act unless the context otherwise requires—

“appeal” means an appeal by a person convicted upon indictment;

“appellant” includes a person who has been convicted and desires to appeal under this Part of this Act;

“sentence” includes any order of the High Court made on conviction or in relation to the person convicted or his wife or children and any recommendation of the convicting court as to the making of a deportation order in the case of a person convicted, and the power of the Court of Appeal to pass a sentence includes a power to make any such order or recommendation as the convicting court might have made and a recommendation so made by the Court of Appeal shall have the same effect for the purposes of any law under which such recommendation is permitted to be made, as the certificate and recommendation of the convicting court.

1.  

   (2)   In this section and in sections 34, 35, 43, 45, 49(2), 50(1), 52(1), 54 and 55 references to a person being convicted shall include references to his or her being the subject of a special verdict under section 1019 of the Criminal Code.

34.   Right of appeal in criminal cases

A person convicted on indictment may appeal under this Act to the Court of Appeal—

1.  

   (a)     against his or her conviction on any ground of appeal which involves a question of law alone; and

1.  

   (b)     with the leave of the Court of Appeal or upon the certificate of the judge who tried him or her that it is a fit case for appeal against his or her conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to such judge to be a sufficient ground of appeal; and

1.  

   (c)     with the leave of the Court of Appeal against the sentence passed on his or her conviction, unless the sentence is one fixed by law.

35.   Determination of appeals in certain cases

1.  

   (1)   The Court of Appeal on any such appeal against conviction shall, subject as hereinafter provided, allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unsafe or unsatisfactory, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that there was a material irregularity in the course of trial, and in any other case shall dismiss the appeal:

1.  

   Provided that the Court of Appeal may notwithstanding that they are of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.

1.  

   (2)   Subject to the provisions of this Act, the Court of Appeal shall, if they allow an appeal against conviction, quash the conviction, and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial.

1.  

   (3)   On an appeal against sentence the Court of Appeal shall, if they think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as they think ought to have been passed, and in any other case shall dismiss the appeal.

1.  

   (4)   Where apart from this subsection—

   1.  

      (a)     on appeal against a special verdict under section 1019 of the Criminal Code would fall to be allowed; and

   1.  

      (b)     none of the grounds for allowing it relates to the question of the insanity of the accused, the Court of Appeal may dismiss the appeal if of the opinion that but for the insanity of the accused the proper verdict would have been that he or she committed an offence other than the offence charged.

1.  

   (5)

   1.  

      (a)     An appellant who is to be retried for an offence in pursuance of an order under this section shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal.

   1.  

      (b)     The Court of Appeal may, upon ordering a retrial, make such orders as appear to the Court of Appeal to be necessary or expedient for the custody or admission to bail of the appellant pending the retrial, or for the retention pending the retrial of any property, or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.

   1.  

      (c)     On a retrial ordered under this section, section 894 of the Criminal Code (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial; but a transcript of the shorthand notes or where there are no shorthand notes, of the judge's notes, of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

      1.  

         (i)     by agreement between the prosecution and the defence, or

      1.  

         (ii)     if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or is absent from the State, or that all reasonable efforts to find him or her or to secure his or her attendance have been made without success,

   1.  

      and in either case may be so read without further proof if verified in accordance with rules of court or the Criminal Code.

36.   Powers of Court of Appeal in special cases

1.  

   (1)   If it appears to the Court of Appeal that an appellant though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Court of Appeal may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper as may be warranted in law by the verdict on the count or part of the indictment on which the Court of Appeal considers that the appellant has been properly convicted.

1.  

   (2)   Where an appellant has been convicted of an offence and the jury could on the indictment have found him or her guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him or her guilty of that other offence, the Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

1.  

   (3)   Where on the conviction of the appellant the jury have found a special verdict, and the Court of Appeal considers that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Court of Appeal may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court of Appeal to be in law required by the verdict and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.

1.  

   (4)   Where on any appeal it appears to the Court of Appeal that the proper verdict would have been a special verdict under section 1019 of the Criminal Code the Court of Appeal may quash the sentence passed at the trial and order the appellant to be kept in custody as a prisoner of unsound mind under provisions of the said Code in the same manner as if a special verdict had been found by the jury under that Code.

37.   Supplementary provisions where appeal against special verdict allowed

1.  

   (1)   Where in accordance with section 35(1) of this Act an appeal against a special verdict under section 1019 of the Criminal Code is allowed—

   1.  

      (a)     if the ground, or one of the grounds for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he or she committed an offence (whether the offence charged or any other offence of which the jury could have found him or her guilty), the Court of Appeal shall substitute for the special verdict a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused and other powers as the court before which he or she was tried would have had if the jury had come to the substituted verdict;

   1.  

      (b)     in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.

However, where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.

1.  

   (2)   The term of any sentence passed by the Court of Appeal in the exercise of the powers conferred by subsection (1)(a) shall, unless the Court of Appeal otherwise directs, begin to run from the time it would have begun to run if passed in the proceedings in the court before which the accused was tried.

38.   Re-vesting and restitution of property on conviction

1.  

   (1)   The operation of any order for the restitution of any property to any person made on a conviction on indictment, and the operation in case of any such conviction of the provisions of sections 640 to 645 (inclusive) of the Criminal Code as to the restitution of the property in goods to the owner thereof, shall, unless the court before whom the conviction takes place, directs to the contrary in any case in which in its opinion, the title to the property is not in dispute, be suspended—

   1.  

      (a)     in any case until the expiration of 14 days after the date of conviction; and

   1.  

      (b)     in cases where notice of appeal or leave to appeal is given within 14 days after the date of conviction, until the determination of the appeal,

and in the cases where the operation of any such order, or the operation of the said provisions, is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal.

1.  

   (2)   Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order or of the said provisions.

1.  

   (3)   The Court of Appeal may by order annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order if annulled shall not take effect, and, if varied, shall take effect as so varied.

39.   Supplementary powers of Court of Appeal

For the purposes of an appeal in any criminal cause or matter the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

1.  

   (a)     exercise any or all the powers conferred by section 29 on the Court of Appeal;

1.  

   (b)     issue any warrant necessary for enforcing any order or sentence of the Court of Appeal. However—

   1.  

      (i)     in no case shall any sentence be increased for reason of or in consideration of any evidence that was not given at the trial, and

   1.  

      (ii)     whenever the Court of Appeal receives further evidence it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is taken.

40.   Duty to admit fresh evidence

Without prejudice to the generality of the preceding section (supplementary powers), where evidence is tendered to the Court of Appeal under that section, the Court of Appeal shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that section of receiving it if—

1.  

   (a)     it appears to it that the evidence is likely to be creditable and would have been admissible at the trial on an issue which is the subject of the appeal; and

1.  

   (b)     it is satisfied that it was not adduced at the trial but that there is a reasonable explanation for the failure to adduce it.

41.   Admission of appellant to bail and custody when attending court

1.  

   (1)   An appellant who is not admitted to bail shall, pending the determination of his or her appeal, be treated in like manner as prisoners awaiting trial.

1.  

   (2)   The Court of Appeal may, if it seems fit, on the application of an appellant, admit the appellant to bail pending the determination of his or her appeal.

42.   Computation of sentence

1.  

   (1)   The time during which an appellant is in custody pending the determination of his or her appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he or she is subject, but the Court of Appeal shall not give any such direction where leave to appeal has been granted or a certificate has been given under section 34 or where the case has been referred to it under section 54 of this Act (references by the Governor General).

1.  

   (2)   Where the Court of Appeal gives a direction under this section, it shall state its reasons for giving the direction.

1.  

   (3)   Provision shall be made by prison rules for the manner in which an appellant, when in custody, is to be brought to any place at which he or she is entitled to be present for the purposes of this Act, or to any place to which the Court of Appeal or any judge thereof may order him or her to be taken for the purposes of any proceedings of that Court, and for the manner in which he or she is to be kept in custody while absent from prison for such purpose; and an appellant whilst in custody in accordance with those rules shall be deemed to be in legal custody.

43.   Time for appealing

1.  

   (1)   Where a person convicted desires to appeal under this Act to the Court of Appeal or to obtain the leave of the Court of Appeal, he or she shall give notice of appeal or notice of his or her application for leave to appeal in such manner as may be directed by rules of court within 14 days of the date of conviction.

1.  

   (2)   Except in the case of a conviction involving sentence of death, the time within which notice of an application for leave to appeal may be given, may be extended at any time by the Court of Appeal.

1.  

   (3)   For the purposes of this section the date of conviction shall, where the court had adjourned the trial of an indictment after conviction, be the date on which the court sentences or otherwise deals with the offender.

44.   Stay of execution

In the case of a conviction involving sentence of death or corporal punishment—

1.  

   (a)     the sentence shall not in any case be executed until the expiration of the time within which notice of appeal or of an application for leave may be given under the preceding section; and

1.  

   (b)     if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in case where an application for leave to appeal is finally refused, of the application.

45.   Judge's notes and report to be furnished on appeal

The judge before whom a person is convicted shall, in the case of an appeal under this Act against the conviction or against the sentence, or in the case of an application for leave to appeal under this Act furnish to the Registrar in accordance with rules of court, his or her notes of the trial; and shall also furnish to the Registrar in accordance with rules of court a report giving his or her opinion upon the case or upon any point arising in the case.

46.   Legal assistance to appellant

The Court of Appeal may at any time assign to an appellant a solicitor and counsel, or counsel only, in any appeal or proceedings preliminary or incidental to an appeal in which, in the opinion of the Court of Appeal, it appears desirable in the interests of justice that the appellant should have legal aid, and that he or she has not sufficient means to enable him or her to obtain that aid.

47.   Right of appellant to be present

1.  

   (1)   An appellant, although he or she is in custody, shall be entitled to be present, if he or she desires it, on the hearing of his or her appeal, except where the appeal is on some ground involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present except where rules of court provide that he or she shall have the right to be present or where the Court of Appeal gives him or her leave to be present.

1.  

   (2)   An appellant who does not appear at the hearing of his or her appeal by counsel, may present his or her case and argument in writing, and any case or argument so presented shall be considered by the Court of Appeal.

1.  

   (3)   The power of the Court of Appeal to pass any sentence under this Act may be exercised although the appellant is for any reason not present.

1.  

   (4)   The reference in subsection (1) of this section to an appellant being in custody shall not include a reference to his or her being in custody in consequence of a special verdict under section 1019 of the Criminal Code.

48.   Costs of appeal

1.  

   (1)   On the hearing and determination of a criminal appeal from the High Court or any proceedings preliminary or incidental thereto under this Act no costs shall be allowed on either side.

1.  

   (2)   The expenses of any solicitor or counsel assigned to an appellant under this Act, and the expenses of any witnesses attending on the order of the Court of Appeal or examined in any proceedings incidental to the appeal, and of the appearance of an appellant on the hearing of his or her appeal or on any proceedings preliminary or incidental to the appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court of Appeal for the purpose, or any reference of a question to a special commissioner appointed by the Court of Appeal, or of any person appointed as assessor to the Court of Appeal shall be defrayed out of monies up to an amount allowed by the Court of Appeal, but subject to any rules of court as to rates and scales of payment.

49.   Duties of Registrar with respect to notices of appeals, etc.

1.  

   (1)   The Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications, notice of which is given to him or her under this Act, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits, and other things relating to the proceedings in the court before which the appellant or application was tried, which appear necessary for the proper determination of the appeal or application.

1.  

   (2)   If it appears to the Registrar that any notice of an appeal against a conviction, purporting to be on a ground which involves a question of law alone, does not show any substantial ground of appeal, the Registrar may refer the appeal to the Court of Appeal for summary determination, and where the case is so referred, the Court of Appeal may, if it considers that the appeal is frivolous or vexatious, and can be determined without adjourning the same for a full hearing, dismiss the appeal summarily, without calling on any persons to attend the hearing or to appear for the Crown thereon.

1.  

   (3)   Any document, exhibits or other things connected with the proceedings on the trial of any person on indictment, who, if convicted, is entitled or may be authorised to appeal under this Act shall be kept in the custody of the court of trial in accordance with rules of court made for the purpose, for such time as may be provided by such rules, and subject to such powers as may be given by such rules for the conditional release of any such documents, exhibits or things from that custody.

1.  

   (4)   The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application under this Act to any person who demands the same, and to such officers or persons as he or she thinks fit, and the Superintendent of Prisons shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act, and shall cause any such notice given by a prisoner in his or her custody to be forwarded on behalf of the prisoner to the Registrar.

1.  

   (5)   The Registrar shall report to the Court of Appeal or a judge thereof any case in which it appears to him or her that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to an appellant under the powers given to that Court by this Act.

1.  

   (6)   In this section and in the next following section the expression “Registrar” includes the Chief Registrar and Deputy Registrar of the Court of Appeal.

50.   Shorthand notes, etc.

1.  

   (1)   Such records in such manner, whether in writing by shorthand notes or otherwise, or by recordings in electromagnetic tape or by other means as may be prescribed by rules of court shall be taken of the proceedings at the trial on indictment of any person who, if convicted, is entitled or may be authorised to appeal or make application for leave to appeal under this Act; and on any appeal or application for leave to appeal a transcript of the records or any part thereof shall be made if the Registrar so directs, and furnished to the Chief Registrar for the use of the Court of Appeal or any judge thereof.

1.  

   (2)   A transcript of the records taken under subsection (1) of this section shall be furnished to any party interested upon payment of such charges as may be fixed by rules of court.

1.  

   (3)   Rules of court may also make such provision as is necessary for securing the accuracy of the records to be taken and for the verification of the transcript.

51.   Powers which may be exercised by a judge of the Court of Appeal

The powers of the Court of Appeal under this Act—

1.  

   (a)     to give leave to appeal;

1.  

   (b)     to extend the time within which notice of appeal or of an application for leave to appeal may be given;

1.  

   (c)     to assign legal aid to an appellant;

1.  

   (d)     to allow the appellant to be present at any proceedings in case where he or she is not entitled to be present without leave; or

1.  

   (e)     to admit an appellant to bail,

may be exercised by any judge of the Court of Appeal in the same manner as they may be exercised by the Court of Appeal, and subject to the same provisions; but, if the judge refuse an application on the part of the appellant to exercise any such powers in his or her favour, the appellant shall be entitled to have the application determined by the Court of Appeal as duly constituted for the hearing and determination of appeals under this Act.

52.   Case stated or question of law reserved

1.  

   (1)   Where any person is convicted on indictment the trial judge may state a case or reserve a question of law for the consideration of the Court of Appeal and the Court of Appeal shall consider and determine such case stated or question of law reserved and may either—

   1.  

      (a)     confirm the judgment given upon the indictment;

   1.  

      (b)     order that such judgment be set aside and quash the conviction and direct a judgment and verdict of acquittal to be entered;

   1.  

      (c)     order that such judgment be set aside, and give instead thereof the judgment which ought to have been given at the trial;

   1.  

      (d)     require the judge by whom such case has been stated or question has been reserved to amend such statement or question when specially entered on the record; or

   1.  

      (e)     make such other order as justice requires.

1.  

   (2)   The Court of Appeal, when a case is stated or a question of law reserved for its opinion, shall have power, if it thinks fit, to cause the case or certificate to be sent back for amendment and thereupon the same shall be amended accordingly.

53.   Provisions of this Act applicable to proceedings under section 52

Where a case is stated or question of law reserved for the consideration of the Court of Appeal the provisions of sections 41, 42, 44, 46, 47, 49(1), 49(3) and 49(5), 50 and 51 shall apply to such proceedings in like manner as to an appeal.

54.   Prerogative of mercy

1.  

   (1)   This Act does not effect the Prerogative of mercy.

1.  

   (2)   The Governor General on the consideration of any petition for the exercise of Her Majesty's mercy having reference to the conviction of a person on indictment or to the sentence, other than sentence of death, passed on a person so convicted, may at any time—

   1.  

      (a)     refer the whole case to the Court of Appeal, and the case shall then be heard and determined by the Court of Appeal as in the case of an appeal by a person convicted; or

   1.  

      (b)     if he or she desires the assistance of the Court of Appeal on any point arising in the case with a view to the determination of the petition refer that point to the Court of Appeal for its opinion thereon, and the Court of Appeal shall consider the point as referred and furnish the Governor General with its opinion thereon accordingly.

55.   Criminal information

This Act shall apply in the case of convictions on criminal information as it applies in the case of conviction on indictment.

Appeals in Contempt Proceedings

56.   Appeals from order in contempt proceedings

1.  

   (1)   An appeal shall lie to the Court of Appeal from any order made under section 1198 or 1260(b) of the Criminal Code.

1.  

   (2)   Any person ordered under section 1198 or 1260(b) of the Criminal Code to be imprisoned or to pay a fine for contempt of court, may at the time of such order or within 2 days thereafter give notice to the judge or magistrate making the order of his or her intention to appeal to the Court of Appeal and may within 2 days after giving such notice enter into a recognizance with a surety to the satisfaction of the Registrar of the High Court or of the Court of Appeal or clerk of the Court, as the case may be, in a sum not exceeding $100 to prosecute such appeal, and the giving of such notice and entering into such recognizance shall operate as a stay of such order.

1.  

   (3)   On such person entering into recognizance the judge or magistrate making the order shall within 21 days thereafter transmit to the Registrar a statement of the cause of such committal or fine and upon such statement being received the Registrar shall within 4 days thereafter issue a summons, free of cost, calling on the appellant to appear before the Court of Appeal within a reasonable time thereafter and on a day to be named therein and the Court of Appeal shall hear and determine such appeal and either confirm the order or vary or quash such order and the Court of Appeal may return the proceedings to the judge or magistrate who made the order for further information.

1.  

   (4)   When the Court of Appeal confirms or varies the order the judge or magistrate who made the order shall proceed to carry out and enforce his or her order as confirmed or varied in the same manner as if there had been no appeal against the same.

PART 3
OFFICERS OF THE COURT

57.   Existing officers of the Court

Except as in this Act otherwise expressly provided, every person who immediately before the commencement of this Act holds or is acting in the office of Chief Registrar, Registrar, Chief Clerk or bailiff shall, as from the commencement of this Act, hold or act in that office on the terms on which he or she now holds or acts in it and such officers are hereby declared to be public officers.

58.   Chief Registrar

1.  

   (1)   The Chief Registrar shall have and exercise in relation to the State such functions as may be conferred upon him or her by this Act or any other law or by rules of court.

1.  

   (2)   Without prejudice to the generality of the provisions of subsection (1), the Chief Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeal or application, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the court before which the case, or the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

59.   Registrar

1.  

   (1)   The Registrar shall be ex officio a Deputy Registrar of the Court of Appeal, Registrar of Deeds and Mortgages, Admiralty Marshall, sheriff and Administrator General.

1.  

   (2)   The Registrar shall have such power and authority and perform such duties as shall be necessary for the due conduct and discharge of the business of the High Court and the Court of Appeal as the Chief Justice or other judge authorised by him or her in that behalf shall direct, he or she shall be subject to the general or special directions of the Chief Registrar and shall assist him or her in the performance of his or her duties.

1.  

   (3)   The Registrar in any of his or her capacities shall have a discretionary power in respect of formalities, where no specific provision is made by this Act or any other law or rules of court in respect thereof.

1.  

   (4)   The Registrar shall have custody of the seals of the High Court and of the Court of Appeal (Saint Lucia sub-Registry) and of all records, documents and papers thereof.

60.   Appeals from Chief Registrar and Registrar

Any person who is aggrieved by any decision of the Chief Registrar or the Registrar, or who complains that he or she has been deprived of any right, title or priority by any act or default of the Chief Registrar or the Registrar, may appeal to the judge in chambers in the manner prescribed and the judge shall make such order therein as the justice of the case may require.

61.   Discharge of duties of Registrar in certain cases

1.  

   (1)   When the Registrar is temporarily absent from the performance of his or her duties, or when he or she is personally interested in any cause or matter, it shall be lawful for the Chief Clerk, or any clerk appointed by the Chief Justice or other judge authorised by him or her in that behalf for the purpose, to perform such duties as his or her deputy.

1.  

   (2)   The Chief Clerk or other deputy shall, in such case, have and exercise all the functions and authorities of the Registrar, and all acts done by him or her shall be as valid as if done by the Registrar in any of his or her capacities.

62.   Taxation of costs

1.  

   (1)   The Chief Registrar, and in his or her absence the Registrar, shall be the Taxing Master for the High Court and the Court of Appeal. He or she shall tax all bills of costs in accordance with the scales for the time being in force.

1.  

   (2)   Every taxation of costs shall be subject to rules of court and be subject to review by a judge in chambers.

63.   Hours of business

1.  

   (1)   The office of the Registrar shall be kept open for the transaction of business on every day of the year except Saturdays, Sundays and Bank Holidays, during such hours as the Governor General may by order published in the Gazette appoint. (Amended by Act 32 of 1972)

1.  

   (2)   Despite the provisions of any order made under subsection (1) of this section the judge by whom any matter is being heard may direct any paid officer of the Supreme Court to transact at any time any business which, in the opinion of the judge, is necessary or convenient, to facilitate the hearing and determination of the matter in question, or to carry into effect any order made in connection therewith.

64.   Clerks

There shall be a Chief Clerk and a sufficent number of clerks to the Registrar in his or her several capacities and whose offices shall be public offices.

65.   Bailiffs

1.  

   (1)   There shall be a sufficient number of bailiffs of the High Court whose offices shall be public offices.

1.  

   (2)   For the purpose of the Code of Civil Procedure, every bailiff shall be deemed to be a sheriff's officer.

1.  

   (3)   Every bailiff shall ex officio be a rural constable.

1.  

   (4)   Every bailiff shall in addition to his or her duties also perform if required, the duties of crier of the High Court and the Court of Appeal.

1.  

   (5)   Despite anything hereinbefore contained a judge of the High Court, may be writing under his or her hand and the seal of the High Court, appoint a temporary bailiff to serve, or execute such process or processes, of the High Court as may be specified in the appointment.

66.   Service or execution

1.  

   (1)   Any service or execution by the sheriff may be made by a sheriff's officer, bailiff of a district court, police officer or rural constable, or other person appointed by the sheriff for the purpose.

1.  

   (2)   The fees payable to the sheriff shall be such as may be fixed by rules made by Cabinet. (Amended by Act 4 of 1975)

67.   General rule as to service of process

1.  

   (1)   In the service of all writs and summonses and in all processes, levies, executions, and proceedings generally, the sheriff shall conform himself or herself in every respect to the law and practice for the time being established in the State.

1.  

   (2)   Cabinet may make a tariff of rates or fees to be paid for the printing and publishing of judicial notices in the Gazette and may add to alter or annul any such tariff. The rates and fees so fixed shall be paid into the Treasury for the use of the State at such times in such sum and in such manner as may be prescribed by rules made by Cabinet.

1.  

   (Amended by Act 4 of 1975)

68.   Keeping of registers of process

For the prevention of any undue preference of one creditor to another, and for the due and orderly conduct of business, there shall be kept at the office of the sheriff 2 registers, in such form as may be prescribed; and in one of such registers there shall be entered in due order, immediately upon the same being delivered at the said office, all writs for the levy and execution of property, movable or immovable, or for any other process requiring secrecy; and in the other of such registers there shall be entered in like manner, all other requisitions or warrants whatsoever; and the last mentioned register shall, at all times during office hours remain open for the inspection of barristers and their clerks; but the first mentioned register shall not be communicated to any person, except by order of a judge of the Supreme Court.

69.   Periods allowed to the sheriff for execution of process

Subject to the provisions of the Code of Civil Procedure in all actions and other civil proceedings the ordinary time allowed to the sheriff for executing the writs and serving the writs, summonses and other documents which may have been delivered at his or her office for that purpose, shall be fixed and regulated as to the number of days according to the distance of the place, that is to say at Castries and the precincts thereof, within 48 hours from the date of the delivery at the office of the sheriff; at all other parts of the Quarter of Castries, and in the Quarters of Gros Islet, Dennery and Anse-la-Raye, within 4 days; at Dauphin, Marquis, and Esperance and all parts from the Roseau River to the River of Canaries, and in the Town and Valley of Soufriere, within 6 days; and at all other parts of the State within 8 days.

However, any person may, in any case of urgency, on payment, in addition to the proper fees of office, except the mileage fee, of the sum fixed by rules of court as compensation, for the expense of an express or special journey, require, in the case of writs of seizure, attachment, or capias, immediate execution or service, and the sheriff, or a sheriff's officer, shall thereupon make such execution or service unless he or she is prevented from doing so by some insuperable obstacle, within 24 hours after such payment if such execution or service is to be made in the Quarters of Castries, Gros Islet, Dennery or Anse-la-Raye within 2 days, if in the Quarters of Dauphin, Soufriere, or Choiseul; and within 3 days, if in the Quarters of Laborie, Vieux-Fort, Micoud or Praslin.

70.   Payment of moneys into and out of court

1.  

   (1)   The practice and procedure as to the payment of moneys into and out of court or to or by an officer of the court shall be regulated by the Code of Civil Procedure and by any other statute relating thereto.

1.  

   (2)   The sheriff shall, in the month of January in every year, publish in the Gazette a list of all sums standing to the credit of his or her account at the Treasury unclaimed on 31 December of the year then next preceding, and of the persons to whom such sums are payable respectively.

1.  

   (3)   In all actions and other proceedings in the Court, the fees payable to the Registrar shall be such as may be fixed by rules made by Cabinet.

1.  

   (4)   The fees payable to the Registrar of Deeds and Mortgages shall be such as may be fixed by rules made by Cabinet.

1.  

   (Amended by Act 4 of 1975)

71.   Payment from the Treasury of damages awarded against the sheriff

In any action or other proceeding brought against the sheriff for loss or damage sustained through the nonperformance or careless or wrongful performance of any of the duties of sheriff, in which he or she is cast in damages, the Governor General may order that the damages awarded shall be paid from the Treasury, if it appears that the fault or omission through which the loss or damage occurred was on the part of a bailiff or police officer or other duly authorised person and that proper instructions in writing were given by the sheriff to such bailiff or police officer or other duly authorised person.

However, no mere fault or default of form in the execution of any duty on the part of the sheriff, or of a bailiff or police officer, or other duly authorised person shall be held sufficient to cast the sheriff in damages unless actual loss or damages is proved to have been sustained.

72.   Right of the sheriff to take opinion of the Attorney General for his or her guidance

The Attorney General shall at any time, on the application of the sheriff, give him or her advice in writing as to the performance of any duty devolving by law upon the sheriff, and the amount of any judgment which may be recovered against the sheriff in respect of any loss or damage sustained through any act done or omitted to be done by him or her in accordance with such advice, may be paid from the Treasury.

73.   Chief Registrar etc. not to advise litigants

No Chief Registrar, Registrar, Chief Clerk, clerk to a Registrar, or bailiff shall act as attorney, agent or adviser of any plaintiff, defendant or other suitor, or party in or to any proceeding in any court in the State, or give advice in any law matter, or act as conveyancer, or notary royal, or accept any gratuity for the performance of any duty in connection with his or her office.

74.   Misconduct of officers of court

1.  

   (1)   If any officer of court shall be charged with extortion, or with not duly paying any money received by him or her in the execution of his or her duty or with any fraud, wrongful act, or neglect in the discharge of the duties of his or her office, any judge of the High Court may—

   1.  

      (a)     inquire into the matter in a summary way, on affidavit, or such other evidence as shall appear reasonable to him or her, and for that purpose, summon and enforce the attendance of all necessary parties and witnesses in like manner as the attendance of witnesses may be enforced in any other proceedings; and

   1.  

      (b)     thereupon dismiss the charge, or order the officer to pay any monies or damages which, in the opinion of the judge, the officer ought under the circumstances to pay; and also impose such fine, if any, as he or she may think fit, on the officer.

1.  

   (2)   The costs of every such inquiry shall be in the discretion of the judge, and may be ordered to be paid by the officer or by the person laying the charge.

1.  

   (3)   Every order made under this section may be enforced as an order of the High Court.

1.  

   (4)   No proceeding taken, or order made, under this section shall prevent the officer from being prosecuted criminally for any offence committed by him or her or affect any right of action which any person shall have against him or her, or the power of the appropriate Service Commission to remove or exercise disciplinary control over the officer.

1.  

   (5)   In this section “appropriate Service Commission” means the Public Service Commission or in cases to which section 81 of the Constitution applies the Judicial and Legal Services Commission.

Administrator General

75.   Commission of Administrator General

There shall be paid to the Administrator General, for the use of the State, such commission, not exceeding 10% as shall be fixed by the Governor General by order published in the Gazette on all moneys and the value of all property which may come into his or her possession by virtue of his or her office.

76.   Administration of Bankrupts Estates

The rights and duties of the Administrator General respecting the estates of bankrupts shall be such as may be prescribed by the Commercial Code or any other enactment.

77.   Administration of renounced and oTher successions

The rights and duties of the Administrator General respecting successions which from any cause are without a representative in the State shall be such as may be prescribed by the Civil Code or any other enactment.

78.   Power of Governor General to order equitable distribution of estate of persons who have died intestate out of the State

Where the estate and effects of a deceased person who has died out of the State come into possession of the Government and 3 months have elapsed since the same came into the possession of the Government, and it is proved to the satisfaction of the Administrator General, that no will has been admitted to probate and no administration has been taken out to the estate of such deceased person, and no person lawfully entitled to such estate and effects by testamentary or intestate succession, or otherwise, has claimed the same, the Governor General may order such estate and effects to be paid, transferred, or delivered to any person who the Governor General considers is lawfully or equitably entitled to the same in the circumstances.

79.   Administration of estates of absentees

1.  

   (1)   Whenever any person is absent from the State and is not represented therein by any duly constituted attorney or agent, the estate and effects of such person shall be taken possession of and be administered by the Administrator General.

1.  

   (2)   Any person shall be considered to be absent and unrepresented, if, after having been summoned by advertisements in 3 successive issues of the Gazette and of a newspaper (if any) circulating in the State to appear before the Administrator General, he or she fails within one week after the last advertisement so to appear, or unless it is within such period proved to the satisfaction of the Administrator General that such person is present in the State, or is duly represented by some other person remaining in the State.

80.   Administration of estates of persons of unsound mind

The Administrator General shall ex officio take possession of and administer the estate and effects of any person judicially declared to be an idiot, a person of unsound mind, or otherwise insane, and whose next of kin is unwilling, or is declared by the High Court incompetent to administer such estate and effects.

81.   Accounts to be kept

The Administrator General shall keep a separate account of all moneys received and disbursed in respect of each estate or succession in his or her possession or charge, or administered by him or her; and such account shall at the close of every week be complete with respect to the transactions of such week and shall be open to inspection, on the order of the Governor General, by any person who may appear to the Governor General to be interested in such estate or succession.

82.   Audit of accounts

The Administrator General shall submit his or her books and accounts to be examined and audited by the Director of Audit or other person as the Governor General may for that purpose direct.

83.   Abstract of accounts to be furnished to Governor General and published

The Administrator General shall, in the month of January in every year, furnish to the Governor General, an abstract account of the moneys received and disbursed by him or her in respect of each estate administered by him or her during the preceding year, and of all legal costs incurred and received in any action or other proceeding in court taken or carried on in behalf of such estate, and such account shall be published in the Gazette.

Commissioners of the Supreme Court

84.   Appointment and powers of Commissioners of the Supreme Court

The Chief Justice may appoint fit and proper persons to be commissioners of the Supreme Court for taking affidavits and declarations in any cause or matter and, when authorised thereto by a special order of the Court of Appeal, High Court or a judge thereof, for taking the examination of witnesses or receiving production of documents.

85.   Ex officio Commissioners

Every member of the Legislature, stipendiary magistrate, and justice of the peace shall be ex officio a commissioner for taking such affidavits and declarations.

86.   Enforcement of order to be executed before a commissioner

Any order of the High Court or the Court of Appeal or of a judge for the attendance and examination of witnesses or production of documents before a commissioner within the jurisdiction of the Supreme Court may be enforced in the same manner as an order to attend and be examined or produce documents before the High Court or the Court of Appeal.

87.   Incidental powers of commissioner Effect of affidavit

Subject to any special directions of the High Court or the Court of Appeal, a commissioner, when and so far as necessary for performing any duty which he or she is authorised to perform, shall be deemed to have and may exercise the incidental powers of a judge, and an affidavit or declaration received before him or her shall have the same effect and be entitled to the same credence as if it had been received in open court.

88.   Control of commissioners and their proceedings

Every Commissioner shall be subject to the order and direction of the High Court as fully as any other officer of court, and every proceeding before a commissioner shall be subject to the direction and control of the High Court.

89.   Certain commissioners out of the state

Affidavits have a like force and effect if received before a commissioners authorised by the Lord Chancellor to administer affidavits 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 associated states, colonies or dependencies; or before a British diplomatic or consular officer exercising his or her functions in any place outside the State, or before a Commissioner of the West Indies Associated States exercising his or her functions in any place outside the State.

PART 4
WITNESSES

90.   Disobedience of subpoena

If any person served with a subpoena to attend as a witness in any proceeding before a judge of the High Court sitting in court or in chambers or before the Court of Appeal shall refuse or neglect to attend pursuant to such subpoena, such judge or Court of Appeal may punish such person in summary way by fine not exceeding $150, or by commitment to prison for any term not exceeding 6 months.

However, this section does not affect or abridge any right of any party to the proceeding or proceed against such person for the recovery of any special damage such party may have sustained by reason of the disobedience of such person.

91.   Witness expenses in criminal proceedings

1.  

   (1)   Any judge of the High Court may, in or in respect of any criminal proceeding before him or her, order allowances not exceeding those prescribed by rules of court, to be paid to all persons examined or detained as witnesses for the Crown, whether examined before the magistrate or not, and also to all persons examined or detained as witnesses for the defence, who shall have been examined before the magistrate, and who shall have been bound over to appear before the High Court at the trial.

1.  

   However, the judge may, if he or she shall think fit, order a similar allowance to be paid to any person examined at the trial as a witness for the defence although such person was not examined before the magistrate.

1.  

   (2)   If any person except a duly qualified medical practitioner giving professional evidence, whose allowance shall, under this section, be ordered to be paid, shall reside at a greater distance than one mile from the Court House at which such trial takes place, the judge may order to be paid to such person for and in respect of his or her travelling expenses, such further allowance as may be prescribed by rules of court.

1.  

   However, in the case of duly qualified medical practitioners, whose whole time is given to the public service, and who are therefore under the provisions of subsection (3) disqualified from receiving an allowance for attendance, the judge may nevertheless, order the payment of an allowance for travelling expenses in accordance with this subsection.

1.  

   (3)   When any person called or detained as aforesaid as witnesses either for the Crown or the defence is in receipt of a salary as a public officer, such person shall not, unless his or her whole time is not at the disposal of the Government, by reason of his or her enjoying private practice or otherwise, be entitled to be paid any allowance under this Act, for attendance as a witness, beyond the travelling expenses provided for by subsection (2) of this section.

92.   Persons present at proceedings in Court may be ordered to give evidence

Any judge may, in any proceeding pending before him or her, order any person present to give evidence therein, notwithstanding that no viaticum or other payment to which he or she was entitled, shall have been paid or tendered to him or her.

PART 5
MISCELLANEOUS

93.   Sittings of the Courts

1.  

   (1)   Subject to the provisions of this and the next following section, the High Court and the Court of Appeal for the purpose of exercising the jurisdiction and powers conferred on them respectively by this Act and any other law in force in the State may sit either in the State or in any of the States to which the Supreme Court Order applies.

1.  

   (2)   Sittings of the High Court for the trial of civil and criminal causes originating in the State shall be held at such times as may be prescribed by rules of court and shall be held in the City of Castries except in cases where the Chief Justice gives special directions then the High Court shall sit at some other place.

1.  

   (3)   Sittings of the Court of Appeal shall be held at such times and at such places as the Chief Justice may by general or special directions appoint.

1.  

   (4)   Notice of the times appointed for the sittings of the High Court and of the Court of Appeal shall be published in the Gazette.

94.   Interlocutory applications

1.  

   (1)   In the absence of a judge or master any interlocutory or other application which may be made to a judge in chambers or to a master, may be reduced to writing and delivered, posted, or sent by facsimile or other electronic means by the Registrar to the judge or to the master together with such affidavits and other documents as are required by the rules of court made under section 17 of the Supreme Court Order.

1.  

   (2)   The written order of the judge or master on an application made under subsection (1) shall be transmitted to the Registrar and shall be deemed to be an order of the Court.

1.  

   (3)   No such application shall be made unless the Registrar shall certify that, to the best of his or her belief, all parties, liable to be affected by the order sought, and entitled to be heard against the same have had due notice thereof, and an opportunity of transmitting any counter affidavits or other documents, in opposition thereto.

1.  

   (Amended by Act 25 of 2000)

95.   Expenses in criminal proceedings

In every criminal proceeding, all expenses consequent on, or incidental to the transmission of process, the conveyance of prisoners and the trial, determination of or dealing with such proceedings, including all allowances ordered to be paid to witnesses under section 91, shall be paid out of monies provided by the Legislature.

96.   Remission or reduction of fines

Any fine or penalty imposed by a judge may, at any time before it has been paid or satisfied, be reduced or remitted by him or her.

97.   Remedy of person improperly deprived of priority in registration of title

Any person who is deprived of any priority or privilege on the registry of acts and titles affecting immovable property, by the default, neglect, or omission of the Registrar, may, by petition, apply to the High Court for restoration to such priority or privilege as may be due and of right belong to such person, and the High Court may, in a summary manner, upon satisfactory proof of any matters in such petition alleged, make such order therein as the justice of the case may require.

98.   Saving of procedure and rules of court

1.  

   (1)   Save as is otherwise provided by this Act or by rules of court, all forms and methods of procedure which under and by virtue of any law, custom or rule whatsoever, were formerly in force in any of the courts the jurisdiction of which is vested in the High Court or the Court of Appeal respectively, and which are not inconsistent with this Act, or with rules of court may continue to be used in the High Court and the Court of Appeal respectively in the like cases and for the like purposes as those in and for which they have been applicable in the former respective courts.

1.  

   (2)   All rules of court in force immediately before the commencement of this Act shall continue in force until revoked.

Judges of the Supreme Court: Terms and Conditions of Service (Sick Leave) Regulations – Section 11

(Statutory Instrument 39/1970)

Statutory Instrument 39/1970 .. in force 24 December 1970

Commencement [24 December 1970]

1.  

   (1)   A judge may be allowed sick leave on full pay for an aggregate of not more than 28 days in any calendar year, subject to the submission of a medical certificate for any period of continuous absence exceeding 2 days.

1.  

   (2)   If there is a reasonable prospect of eventual recovery and subject to the submission of medical evidence, sick leave may be granted on full pay up to a maximum of 180 days during any period of 12 months; sick leave in excess of 180 days may be granted on half pay, but more than an overall maximum of 365 days sick leave shall not be granted in any period of 4 years. However, in special cases the Judicial and Legal Services Commission may in its discretion grant additional sick leave without pay.

1.  

   (3)   Where prolonged sick leave is necessary the judge may be required to attend before a Medical Board.

1.  

   (4)   Any period of illness occurring during vacation leave shall be counted against vacation leave and in such circumstances sick leave shall not be granted to a judge until he or she has exhausted the vacation leave for which he or she is eligible.

1.  

   (5)   Sunday and Public Holidays occurring within a period of sick leave are reckoned as part of that leave but a Sunday or Public Holiday occurring at the beginning or the end of the period of sick leave is not reckoned as leave.

1.  

   (6)   Sick leave up to 28 days may be granted by the Chief Justice and in excess of 28 days by the Judicial and Le gal Services Commission.

1.  

   (7)   Absence on sick leave, but not exceeding 180 days in any period of 12 months, shall for the purposes of calculating eligibility for vacation leave be deemed to be resident service.

Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order – Section 11

(Statutory Instruments 2/1975, 30/1989, 1/1985, 30/1983 and 97/2008)

Amended by S.I. 1975 No. 2 (U.K.), 1975 Appendix .. in force 1 January 1974

Amended by S.I. 38/1983 .. in force 1 September 1982

Amended by S.I. 1/1985 .. in force 1 July 1984

Amended by S.I. 30/1989 .. in force 1 July 1989

Amended by S.I. 97/2008 .. in force 1 July 2008

ARRANGEMENT OF SECTIONS

SUPREME COURT (SALARIES, ALLOWANCES AND CONDITIONS OF SERVICE OF JUDGES) ORDER – SECTION 11

Commencement [1 January 1974]

1.   Citation

This Order may be cited as the Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order.

2.   Interpretation

1.  

   (1)   In this Order—

“judge” means any puisne judge appointed under the Supreme Court Order and includes a justice of appeal and the Chief Justice;

“Supreme Court Order” means the Eastern Caribbean Supreme Court Order.

1.  

   (2)   References in this Order to the Chief Justice, a justice of appeal, a puisne judge or a judge shall be references to the Chief Justice, a justice of appeal, a puisne judge or a judge, respectively, of the Eastern Caribbean Supreme Court, in Grenada styled the Supreme Court of Grenada and the West Indies Associated States, and shall include references to a person acting in the office of Chief Justice, a justice of appeal, a puisne judge or a judge, respectively, of that Court.

1.  

   (3)   References in this Order to a State shall include references to Grenada.

3.   Amendment of Supreme Court Order

(Spent)

4.   Residence

1.  

   (1)   Each judge is entitled to be provided with a fully furnished residence free of rent.

1.  

   (2)   The scale of furniture allotted to the judge's furnished residence shall be subject to the approval of the Chief Justice.

5.   Travelling and duty allowance

1.  

   (1)   A judge is entitled to reimbursement by Government in respect of the actual cost of travelling on duty between the State in which he or she resides and any place outside that State (including the cost of travelling, within any State, between his or her place of residence and the place of embarkation and disembarkation, as the case may be) by such means as may be approved by the Chief Justice.

1.  

   (2)   A judge shall be paid a travelling allowance at the rate of $700 a month.

1.  

   (Amended by S.I. 1/1985 and 30/1989)

6.   Board and Lodging

A judge shall be reimbursed in respect of the actual cost of board and lodging (including meals) while out of the State in which he or she resides on duty.

7.   Subsistence allowance

1.  

   (1)   A judge resident in St. Kitts shall be entitled to a subsistence allowance of $5 for each day or part of a day spent on duty in Nevis or Anguilla.

1.  

   (2)   The Chief Justice shall be entitled to a subsistence allowance of $150 and a justice of appeal $100 for each day or part of a day spent on duty outside the headquarters State.

1.  

   (3)   Subject to the provisions of subsections (4) and (5) of this section a puisne judge shall be entitled to a subsistence allowance of $100 for each day or part of a day spent on duty outside the State in which he or she resides.

1.  

   (4)   Where a judge is assigned for duty to a State other than the State in which he or she resides for a period exceeding 3 months he or she shall not be entitled to the subsistence allowance under the last foregoing paragraph unless he or she is maintaining a home for himself or herself or his or her family in the State in which he or she resides.

1.  

   (5)   Where a judge is assigned for duty to a State other than the State in which he or she resides for a period exceeding 6 months and is entitled to subsistence allowance under the provisions of paragraphs (3) and (4) of this section, the subsistence allowance payable to him or her from the beginning of the seventh month shall be at the reduced rate of $5 for each day or part of a day.

1.  

   (Amended by S.I. 1/1985 and S.I. 97/2008)

8.   Entertainment allowance

The Chief Justice shall be entitled to be paid an entertainment allowance at the rate of $15,000 per annum, the Justices of Appeal at the rate of $12,000 per annum and the Puisne Judges at the rate of $9,000 per annum. (Substituted by S.I. 97/2008)

9.   Allowances free of Income Tax

All allowances paid to a judge shall be free of income tax.

10.   Leave and leave passages

1.  

   (1)   A judge is not entitled as of right to leave or leave passages.

1.  

   (2)   Leave is granted subject to the exigencies of the public service and the sums payable in respect of leave passages may be modified from time to time according to availability of public funds.

1.  

   (3)   The Chief Justice shall be entitled—

   1.  

      (a)     to 42 days vacation leave annually and such leave may be accumulated up to a maximum of 168 days;

   1.  

      (b)     to 24 days departmental leave annually; and

   1.  

      (c)     to 28 days sick leave annually.

1.  

   (4)   A judge other than the Chief Justice is eligible for 42 days vacation leave annually of which not less than 14 days must be taken annually either in one period or in a series of periods according to the requirements of the Judicial and Legal Services Commission; and such leave may be accumulated up to a maximum of 126 days.

1.  

   (5)   A judge is eligible for leave passages every 4 years which may be—

   1.  

      (a)     a return air passage, twice during the period he or she holds the office of a judge, for himself or herself and his or her spouse and ½ the cost of one adult return air passage in respect of his or her children to the United Kingdom or to some other destination if the cost of the passages to that destination does not exceed the cost of passages to the United Kingdom; and

   1.  

      (b)     on other occasions an amount to be spent on air passages, equal to 2½ times the cost of a return air passage to any destination in the Caribbean specified for the purposes of this section by the Judicial and Legal Services Commission.

1.  

   (6)   A judge is also eligible for passages on first appointment to the State to which he or she is assigned for duty and for passages on retirement to his or her country of origin or to another place of retirement provided that the cost involved does not exceed the cost of passages to his or her country of origin. Passages on retirement are normally only granted where a judge has completed 3 years of service since his or her last overseas leave.

1.  

   (7)   Leave passages as prescribed by subsections (5) and (6) are provided for the judge, his or her spouse and children who are under the age of 18 years, unmarried, and dependent upon him or her, if—

   1.  

      (a)     the cost of passages is limited to the equivalent of first class air travel; and

   1.  

      (b)     the amount to be granted shall not exceed the cost of 2½ adult return passages, at the rate prescribed in paragraph (a) above—

      1.  

         (i)     to the place where the leave is to be taken if the leave is taken within the territories covered by the jurisdiction of the Court, Barbados, Jamaica and Trinidad;

      1.  

         (ii)     to the United Kingdom if the leave is taken outside the territories covered by the jurisdiction of the Court, Barbados, Jamaica and Trinidad.

11.   Levy

1.  

   (1)   The salary and pension of a judge is not liable to income tax, levy or any other charge. (Amended by S.I. 38/1983)

1.  

   (2)   The increase of salary paid to a judge as a result of this Order for the year 1974 shall not attract income tax but the income tax already paid during the year 1974 on the then existing salaries shall not be recoverable.

12.   Pensions

In computing the pension of a judge who on retirement from the service holds one of the offices mentioned in Schedule 1 to this Order the additions in the said Schedule mentioned shall be made to his or her period of service.

However, no addition shall be made which together with the number of years of his or her actual pensionable service amounts to more than 400 months.

Schedule 1

Supreme Court Offices (Salaries and Allowances of Chief Registrar and Secretary to the Chief Justice) Order – Section 12

(Statutory Instrument 34/1987)

Statutory Instrument 34/1987 .. in force 1 May 1987

ARRANGEMENT OF SECTIONS

SUPREME COURT OFFICES (SALARIES AND ALLOWANCES OF CHIEF REGISTRAR AND SECRETARY TO THE CHIEF JUSTICE) ORDER – SECTION 12

Commencement [1 May 1987]

1.   Citation

This Order may be cited as the Supreme Court Offices (Salary and Allowances of Chief Registrar and Secretary to the Chief Justice) Order.

2.   Interpretation

In this Order—

“Chief Registrar” means the person holding the office of Chief Registrar of the Supreme Court established by section 12 of the Supreme Court Order and includes any person performing the functions thereof under subsection 12(3);

“Secretary to the Chief Justice” means the person holding the office of Secretary to the Chief Justice of the Supreme Court established by section 12 of the Supreme Court Order and includes any person performing the functions thereof under subsection 12(3).

3.   Salary and Allowances of Chief Registrar

So long as the office of the Chief Registrar is held by a person who holds the office of a Registrar of the High Court the holder shall be entitled to be paid an allowance as additional salary in respect of his or her services as Chief Registrar at the rate of $6,600 per year over and above his or her salary as Registrar of the High Court.

4.   Salary and Allowances free of Income Tax

The allowance paid to the Chief Registrar under section 3 of this Order and the salary paid to the Secretary to the Chief Justice in respect of his or her services in that office shall be free of income tax or any other charge.

Supreme Court (Prescribed Offices) Order – Section 12

(Statutory Instrument 30/1967)

Statutory Instrument 30/1967 .. in force 24 April 1967

ARRANGEMENT OF SECTIONS

SUPREME COURT (PRESCRIBED OFFICES) ORDER – SECTION 12

Commencement [24 April 1967]

1.   Citation

This Order may be cited as the States Supreme Court (Prescribed Offices) Order.

2.   Offices of Court of Appeal

The offices of the Court of Appeal shall be—

1.  

   (a)     Registrar, which shall be deemed to included in the office of Chief Registrar;

1.  

   (b)     a sufficient number of Deputy Registrars;

1.  

   (c)     a sufficient number of clerks;

1.  

   (d)     a sufficient number of criers.

Supreme Court (Prescribed Offices) Order – Section 12

(Statutory Instrument 109/2001)

Statutory Instrument 109/2001 .. in force 1 July 2000

ARRANGEMENT OF SECTIONS

SUPREME COURT (PRESCRIBED OFFICES) ORDER – SECTION 12

Commencement [1 July 2000]

1.   Citation

This Order may be cited as the Supreme Court (Prescribed Offices) Order.

2.   Prescribed Offices

There shall be the following prescribed offices of the Supreme Court in accordance with section 12 of the Supreme Court Order.

1.  

   (a)     Court Administrator;

1.  

   (b)     Executive Assistant to the Chief Justice;

1.  

   (c)     Information Technology Manager;

1.  

   (d)     Judiciary Human Resources Administrator.

Supreme Court – Prescription by 30 Years (Declaration of Title) Rules – Section 17

(Statutory Instrument 7/1970)

Statutory Instrument 7/1970 .. in force 14 March 1970

ARRANGEMENT OF RULES

SUPREME COURT – PRESCRIPTION BY 30 YEARS (DECLARATION OF TITLE) RULES – SECTION 17

Commencement [14 March 1970]

1.   Citation

These Rules may be cited as the Supreme Court—Prescription by 30 years (Declaration of Title) Rules.

2.   Application

These Rules apply to Saint Lucia only.

3.   Interpretation

In these Rules, unless the context otherwise requires—

“Court” means the High Court of Justice;

“Gazette” means the Saint Lucia Gazette.

4.   Application for declaration of title

An application for a declaration of title to immovable property or to any servitude or other right connected therewith under article 2103A of the Civil Code shall be made by petition to the Court.

5.   Contents of petition

The petition shall be in Form 1 of the Schedule and shall set out—

1.  

   (a)     the description of the property claimed, stating its extent and boundaries, with an estimate of the value thereof;

1.  

   (b)     whether there are any hypothecary claims against the property;

1.  

   (c)     the facts upon which the applicant relies to establish that the applicant (or the applicant and some other person or persons through whom he or she claims) has been in sole and undisturbed possession of the property continuously for 30 years, and, in particular, the acts of ownership exercised over the property, and that the rents, fruits and profits accruing out of the property have been taken and appropriated by the applicant (or by the applicant and some other person or persons through whom he or she claims) as owner during that period;

1.  

   (d)     whether the applicant claims in his or her own right, or as executor, administrator, trustee, tutor or otherwise;

1.  

   (e)     whether any other person claims to be owner of the said property;

1.  

   (f)     the name of any person recorded in the Registry of Deeds as entitled to the ownership of the property immediately before prescription began to run.

6.   Affidavits to accompany petition

1.  

   (1)   The petition must be accompanied by affidavits of the applicant and of 2 other persons at least.

1.  

   (2)   The affidavit of the applicant must attest the truth of the facts set out in the petition. The affidavits of the other deponents must set out in detail any facts known to the deponents which tend to prove the matters mentioned in rule 5(c).

7.   Plan to accompany petition

If the immoveable property includes land, the petition shall be accompanied by a plan made by a licensed surveyor, and the Court may reject any plan which it considers insufficient.

8.   Summons and advertisement

1.  

   (1)   Upon the filing of the petition the Registrar shall issue a summons to all persons claiming an interest in the property to enter an appearance, in person or by attorney-at-law in the Registry within 2 months from the last publication of such summons in the Gazette.

1.  

   (2)   The summons must be in Form 2 of the Schedule and must be advertised in 2 separate issues of the Gazette and of a newspaper circulating in the State. There must be an interval of not less than one week between publications.

1.  

   (3)   During the period of advertisement a copy of the summons must be posted up in a conspicuous place in the sheriff's office and in a court room of the magistrate in the district in which the land is situated.

9.   Service on adjoining owners

The applicant shall also within 7 days after the filing of the petition cause a copy of the summons to be served personally upon all owners or occupiers of land adjoining the property to which the application relates, and upon all persons having hypothecary claims against it, and no declaration of title shall be issued until proof has been given by the applicant that such copy has been served and that 8 weeks have expired since the service thereof.

10.   Judge may order special notification for advertisement

A judge may, upon or without any application, order such special notification to individuals or generally, or may direct such public advertisement of the application for a declaration of title in newspapers outside the State, as may to him or her appear just.

11.   Appearance and written claim

1.  

   (1)   Any person who enters appearance under rule 8 shall within 14 days from the date of such appearance file in the Registry a written claim setting out his or her title to the property and a statement of the facts on which the same is founded. A copy of the appearance and of the claim must be served on the applicant or his or her attorney-at-law.

1.  

   (2)   Articles 80 and 81 of the Code of Civil Procedure apply to appearance under these Rules as they apply to appearance to a writ of summons.

12.   Procedure on non-appearance

1.  

   (1)   Where no appearance has been entered under rule 8 the Registrar shall, on the application of the applicant, issue a certificate of non-appearance and fix a day and time for the hearing of the petition.

1.  

   (2)   The Court may hear the petition in Court or in Chambers and may require to be satisfied in such manner as it thinks fit that no person has entered appearance.

1.  

   (3)   At the hearing of the petition the Court may take such further evidence of possession orally or by affidavit as it thinks fit.

1.  

   (4)   The Court, if satisfied that the applicant has acquired ownership of the property by 30 years prescription may issue a declaration of title.

13.   Duties of Registrar on appearance

1.  

   (1)   Where any person or persons enters appearance under rule 8 the Registrar shall at the expiration of the time fixed for appearance enter the application in his or her cause book as a suit in the name of the applicant as plaintiff and of the person or persons who have appeared as defendant or defendants.

1.  

   (2)   Thereafter, subject to rule 11, the proceedings shall be continued as if the cause had been begun by writ of summons. The petition and supporting affidavits and the written claims shall stand as pleadings, and no further pleadings shall be filed without the leave of the Court.

14.   Default in filing claim

If a person who has entered appearance under rule 8 fails to file a written claim within the delay allowed for so doing the applicant may proceed ex parte in the same manner as against a defendant foreclosed from pleading.

15.   Court may adjudicate between opposing claimants

If more than one person appear and file claims to the ownership of the property, each one in opposition to the applicant and to the other defendants, the Court may adjudicate between their opposing claims and may by its judgment make such declaration of title in favour of the applicant or of any of the defendants as it thinks just.

Schedule

(Rule 5)

Judicial and Legal Services Commission Regulations – Section 17

(Statutory Instrument 43/1967)

Editor's note: The following statutory instruments made under the Supreme Court Order (below nos. 1 & 2) and the Eastern Caribbean Supreme Court (Saint Lucia) Act (below nos. 3 – 5) are not included in this consolidation:     1.     EASTERN CARIBBEAN SUPREME COURT RULES, S.I. 95/2001 in force 31 December 2000 amended by S.I. 97 of 2015 not published in the laws of Saint Lucia.     2.     COURT OF APPEAL RULES S.I. 10/1968 amended by S.I. known as S.I. 1970 No. 2 not published in the laws of Saint Lucia; and S.I. 3/1972 Appendix in force 1 December 1972.     3.     EASTERN CARIBBEAN SUPREME COURT (SAINT LUCIA) (TARIFF OF FEES) RULES, S.I. 79/1993 .. in force 24 December 1993 amended by S.I. 7/2004.     4.     PRIZE COURT RULES Gazette 12–9–1914 .. in force 12 September 1914, amended by Gazette 24–10–14 .. in force 8 October 1914.      5.     TRADE UNION RULES, S. I. 4/1955.

ARRANGEMENT OF REGULATIONS

JUDICIAL AND LEGAL SERVICES COMMISSION REGULATIONS – SECTION 17

Commencement [4 November 1967]

1.   Citation

These Regulations may be cited as the Judicial and Legal Services Commission Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Court of Appeal” means the Court of Appeal established by the Supreme Court Order;

“Commission” means the Judicial and Legal Services Commission established by section 18 of the Supreme Court Order;

“High Court” means the High Court of Justice established under the Supreme Court Order;

“member” means member of the Commission;

“public office” means any office of emolument in the public service;

“public officer” means the holder of any public office and includes any person appointed to act in any such office;

“the public service” means the service of the Crown in a civil capacity in respect of the Government of any of the States to which the Supreme Court Order applies;

“regulations” means one of these regulations;

“State” has the meaning ascribed to it by section 2 of the Supreme Court Order.

3.   Oath of Office

The members of the Commission other than the chairperson shall upon appointment take an oath or make an affirmation before the Chief Justice in the form in the Schedule to these regulations. The Secretary to the Commission shall take an oath or make an affirmation before the Chief Justice in a form approved by the Chief Justice.

4.   Procedure and Meetings

1.  

   (1)   The headquarters of the Commission shall be situated in Grenada.

1.  

   (2)   The Commission shall meet as often as may be necessary for the purpose of performing its function and such meetings shall be held at such places and at such times as the chairperson shall determine.

1.  

   (3)   The chairperson if present shall preside at meetings of the Commission and in the absence of the chairperson from any meeting the members present shall elect one of their members to preside at that meeting.

1.  

   (4)   All decisions at a meeting of the Commission shall be by a majority of the votes of the members present and voting.

1.  

   (5)   The chairperson shall have an original vote, and in the event of an equality of votes he or she shall have as well a casting vote.

5.   Decisions other than at a Meeting

1.  

   (1)   Despite the provisions of regulation 4 decisions may also be made by the Commission without a meeting upon circulation of the relevant papers among the members. Members may notify their opinion on the matter or question in writing or by cable or by telephone. If in any such case a difference of opinion arises among the members or any member so requires, the matter or question shall be reserved for discussion at a meeting.

1.  

   (2)   Decisions made under this regulation shall be brought up for noting at the next meeting of the Commission.

6.   Record of Meetings and Decisions

1.  

   (1)   Minutes shall be taken of all decisions arrived at at a meeting or noted under regulation 5 and after circulation thereof shall be duly confirmed at the subsequent meeting.

1.  

   (2)   Any member who dissents from a decision may require that his or her dissent and reasons for dissenting be recorded in the minutes.

7.   Consultation with other Persons

The Commission in considering any matter or question may consult with any such public officer or other person as the Commission may consider it proper and desirable so to do and may request any public officer to attend and give evidence on oath before it and to produce any official documents relating to such matter or question.

8.   Principles of Selection

For the purpose of exercising its functions in relation to appointments, whether substantive or acting, to any officers the Commission shall (without prejudice to its rights to the application of any person whether or not already in the public service) consider the claims of all public officers eligible for appointment or promotion, may interview candidates for such appointments, and shall in respect of each candidate consider, amongst others, the following matters—

1.  

   (a)     his or her qualifications;

1.  

   (b)     his or her general fitness;

1.  

   (c)     any previous employment of the candidate in the public service or in private practice;

1.  

   (d)     previous public service or private practice in territories other than those to which the Supreme Court Order applies.

Schedule

Supreme Court (Masters) Order – Section 12(1)

(Statutory Instruments 98/2008, 44/2009, 112/2012, 45/2014, 120/2015 and 2/2016)

Statutory Instrument 98/2008 .. in force 1 July 2008

Amended by S.I. 44/2009 .. in force 1 July 2008

Amended by S.I. 112/2012 .. in force 1 July 2010

Amended by S.I. 45/2014 .. in force 1 June 2014

Amended by S.I. 120/2015 .. in force 31 December 2015

Amended by S.I. 2/2016 .. in force 1 July 2015

ARRANGEMENT OF SECTIONS

SUPREME COURT (MASTERS) ORDER – SECTION 12(1) OF SUPREME COURT ORDER

Commencement [13 October 2008]

1.   Citation

1.  

   This Order may be cited as the Supreme Court (Masters) Order.

2.   Interpretation

1.  

   In this Order —

“Courts Order” means the Eastern Caribbean Supreme Court Order;

“Master” means the office established by section 3 and, where the context otherwise requires, includes the holder of the office and unless otherwise stated includes a person appointed to act in the office;

“State” means —

1.  

   (a)     Antigua and Barbuda;

1.  

   (b)     Grenada;

1.  

   (c)     Saint Christopher and Nevis;

1.  

   (d)     Saint Lucia;

1.  

   (e)     Saint Vincent and the Grenadines;

1.  

   (f)     The Commonwealth of Dominica;

“Territory” means —

1.  

   (a)     Anguilla;

1.  

   (b)     Montserrat; and

1.  

   (c)     The British Virgin Islands.

3.   Establishment of the office of Master

1.  

   There is established as an office of the Supreme Court the office of Master of the Supreme Court.

4.   Functions

1.  

   (1)   A Master shall perform the duties and exercise the functions conferred upon Masters by the Rules of Court made pursuant to sections 17(1) and (2) of the Courts Order.

1.  

   (2)   A Master may exercise such functions, as may be conferred upon Masters in relation to any State or Territory, by any law in force in that State or Territory.

5.   Number of Masters

1.  

   There shall be 5 Masters or such number of Masters as may be determined by the Chief Justice with the concurrence of the Prime Ministers, Premiers and Chief Minister of all the States and Territories

1.  

   (Amended by S.I. 112/2012 and substituted by S.I. 45/2014)

6.   Abolition of office only with consent of incumbent

1.  

   The office of Master shall not be abolished while there is a substantive holder of that office, without the consent of the holder of the office.

7.   Qualifications

1.  

   (1)   A person shall not be qualified to be appointed as a master unless that person —

   1.  

      (a)     is qualified to practice as a barrister in a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in a court having jurisdiction in appeals from such court and has so practiced, for a period of or for periods amounting in the aggregate to not less than 7 years; or

   1.  

      (b)     has been serving in the office of judge in such court for a period of or for periods amounting in the aggregate to not less than 7 years.

1.  

   (2)   For the purpose of subsection (1), a reference to a period during which a person has practiced as an advocate shall be construed as including periods during which a person has served in a public office in some part of the Commonwealth —

   1.  

      (a)     in the office of magistrate;

   1.  

      (b)     in the office of registrar of a court of unlimited civil and criminal jurisdiction in some part of the Commonwealth; or

   1.  

      (c)     as a officer the functions of whose office includes appearing as an advocate in such court.

1.  

   (3)   For the purpose of subsection (1), a reference to a period during which a person has served in a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in a court having jurisdiction in appeals from such a court shall be construed as including periods during which a person has served —

   1.  

      (a)     as case management master with functions comparable to those of a Master;

   1.  

      (b)     as master with functions comparable to those of a Master.

8.   Tenure of office of Masters

1.  

   (1)   Subject to subsection (2), persons holding the office of Master, other than acting Master, hold office until attaining the age of 65 years.

1.  

   (2)   The Judicial and Legal Services Commission may remove a Master from office for cause at any time.

1.  

   (3)   In subsection (2), “cause” means —

   1.  

      (a)     inability to discharge the functions of the office, whether arising from –

      1.  

         (i)     infirmity of body or mind,

      1.  

         (ii)     failure in the due execution of the office,

      1.  

         (iii)     having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of the office, or

      1.  

         (iv)     any other cause;

   1.  

      (b)     misconduct.

9.   Retirement

1.  

   (1)   A Master shall retire upon attaining the age of 65 years.

1.  

   (2)   A Master may retire upon attaining an age that is less than 65 years where, the Master is eligible for retirement under the pension laws of the State or Territory of which, by direction of the Chief Justice made pursuant to section 11 (1) of the Courts Order, the Master shall be deemed to be in the service for the purpose of the grant of a pension.

10.   Pension

1.  

   (1)   A Master is entitled to pension in accordance with section 13 of the Courts Order.

1.  

   (2)   The pension of a Master shall not attract or be liable to income tax or any other charge or levy.

11.   Status of Acting Masters

1.  

   (1)   A person appointed by the Judicial and Legal Services Commission to act as a Master shall, unless that person earlier resigns from the office or is removed from the office by the Judicial and Legal Services Commission continue to act in that office for the period, if any, for which that person was appointed or until a person has been appointed to and assumed or has resumed the functions of that office, as the case may be.

1.  

   (2)   Sections 9 and 11 shall not apply to a person appointed to act as a Master in respect of that person's acting appointment.

12.   Posting

1.  

   A Master shall reside in the State or Territory to which the Chief Justice, from time to time, posts the Master.

13.   Assignments

1.  

   A Master shall serve the States or Territories that the Chief Justice, from time to time, assigns to the Master.

14.   Salary

1.  

   (1)   A Master shall be paid a salary equivalent to 85% of the salary specified for a Puisne judge in Schedule 3 to the Courts Order, as amended from time to time.

1.  

   (2)   The salary of a Master shall not attract or be liable to income tax or any other charge or levy.

15.   Housing allowance

1.  

   A Master shall be paid the housing allowance in Schedule 1. (Substituted by S.I. 120/2015 and by S.I. 2/2016)

16.   Travel allowance

1.  

   (1)   A Master who owns a car shall be paid the travel allowance in Schedule 2 to this Order.

1.  

   (2)   A Master who does not own a car may, at the discretion of the Chief Justice, be reimbursed transportation costs incurred within the State or Territory to which the Master is posted, up to a maximum amount of the travel allowance specified in Schedule 1 for that State or Territory.

17.   Accommodation

1.  

   (1)   Subject to subsections (3), (4) and (5), a Master is entitled to be paid for each calendar day while on duty outside the State or Territory to which the Master is posted, an accommodation and subsistence allowance based on the United Nations Daily Subsistence Allowance. (Substituted by S.I. 44/2009)

1.  

   (2)   A Master may, at the discretion of the Chief Justice, be paid a supplementary allowance where, for reasons beyond the control of the Master, the actual costs of accommodation are significantly higher than the average hotel costs used in calculating the daily accommodation component of the United Nations Daily Subsistence Allowance.

1.  

   (3)   Where a Master's travel on duty outside the State or Territory to which the master is posted does not involve an overnight stay, the Master is entitled to be paid 40% of the accommodation and subsistence allowance.

1.  

   (4)   Where a Master on duty outside the State or Territory to which the master is posted elects to stay in private accommodation, the Master is entitled to be paid 50% of the accommodation and subsistence allowance.

1.  

   (5)   Where a Master on duty outside the State or Territory to which the Master is posted —

   1.  

      (a)     is accommodated free of charge by the Eastern Caribbean Supreme Court or by the Government of a State or Territory, the Master is entitled to be paid 50% of the accommodation and subsistence allowance;

   1.  

      (b)     is accommodated and provided with meals free of charge by the Eastern Caribbean Supreme Court or by the Government of a State or Territory, the Master is entitled to be paid 20% of the subsistence allowance.

18.   Telephone

1.  

   (1)   A Master shall be provided with local residential telephone service at the Master's residence in the State or Territory to which the Master is posted, at no cost to the Master. (Amended by S.I. 45/2014)

1.  

   (2)   A Master is entitled to be reimbursed for business related long-distance telephone calls.

19.   Relocation expenses

1.  

   Masters are entitled to have their personal effects and household goods moved, at the expense of the Eastern Caribbean Supreme Court, from the State or Territory of their former posting or their place of residence immediately prior to their appointment, as the case may be, to the State or Territory of current posting, by packers, shippers and freight forwarders selected by the Chief Justice.

20.   Vacation leave

1.  

   (1)   A Master is entitled to 42 calendar days vacation leave annually of which not less than 12 must be taken annually either in one period or in a series of periods according to the requirements of the Judicial and Legal Services Commission.

1.  

   (2)   Vacation leave may be accumulated up to a maximum of 120 calendar days.

1.  

   (3)   Leave in excess of 120 calendar days is forfeited.

1.  

   (4)   There is no entitlement to remuneration for leave forfeited.

21.   Medical leave

1.  

   A Master is entitled to 2 working days per month of uncertified medical leave and to a reasonable period of certified medical leave annually.

22.   Medical fitness

1.  

   A Master shall, before appointment, be certified by a medical practitioner, who is duly registered in a State or Territory, as being in good health and free from any ailment likely to adversely affect the discharge of the functions and duties of the office of Master.

23.   Oaths

1.  

   A Master shall, before entering upon the functions of the office, take the oaths set out in Schedule 1 to the Courts Order.

Schedule 1

(Section 15)

Housing Allowance     EC$24,000.00 per year

Schedule 2

(Section 16)

Supreme Court (Saint Lucia) (Criminal Division) Rules – Section 17

(Statutory Instruments 115/2008 and 82/2014)

Statutory Instrument 115/2008 .. in force 15 December 2008

Amended by S.I. 82/2014 .. in force 1 August 2014

ARRANGEMENT OF RULES

SUPREME COURT (SAINT LUCIA) (CRIMINAL DIVISION) RULES – SECTION 17 OF SUPREME COURT ORDER

Commencement [15 December 2008]

1.   Citation

These Rules may be cited as the Supreme Court (Saint Lucia) (Criminal Division) Rules.

2.   Interpretation

In these Rules —

“Criminal Division” means the Criminal Division of the Supreme Court established under rule 3;

“Criminal Division Manager” means the Criminal Division Manager appointed under rule 6;

“law year” means the period from the 16^th September to the 31^st July of the following year; (Inserted by S.I. 82/2014)

“master” means a master of the Eastern Caribbean Supreme Court; (Inserted by S.I. 82/2014)3

“Presiding Judge” means the Presiding Judge of the Criminal Division designated under rule 4.

3.   Establishment of Criminal Division

There is hereby established a Criminal Division of the Supreme Court for the administration of criminal matters in Saint Lucia.

4.   Puisne Judges

1.  

   (1)   The Chief Justice shall designate one puisne judge as Presiding Judge of the Criminal Division, who shall be responsible for the efficient and economic management of the Criminal Division.

1.  

   (2)   The Presiding Judge shall have authority for the administration of the Criminal Division subject to the direction of the Chief Justice.

1.  

   (3)   A puisne judge shall have authority to hear and decide any indictable matter brought before the Criminal Division.

4A.   Master

A master shall exercise the authority and jurisdiction of a Judge of the High Court to preside over pre-trial events for indictable offences and such other pre-trial applications as may be assigned by the Presiding Judge, including to —

1.  

   (a)     conduct the case management of indictable criminal matters;

1.  

   (b)     accept a plea by the defendant;

1.  

   (c)     conduct sufficiency hearings;

1.  

   (d)     conduct bail applications;

1.  

   (e)     conduct interlocutory applications; and

1.  

   (f)     perform other duties and exercise the functions conferred upon a master by rules of court made pursuant to sections 17(1) and (2) of the Supreme Court Order.

1.  

   (Inserted by S.I. 82/2014)

5.   Magistrates

1.  

   (1)   A magistrate shall have authority to —

   1.  

      (a)     hear and decide summary matters;

   1.  

      (b)     determine preliminary inquiries filed prior to the commencement of these Rules and the Criminal Procedure Rules; and

   1.  

      (c)     preside over initial hearings and such other pre-trial events involving indictable offences as may be assigned by the Presiding Judge.

1.  

   (2)   Each magistrate shall submit to the Presiding Judge a weekly report providing such information as may be specified by the Presiding Judge including the time spent on the bench and in chambers, cases heard and disposed and cases pending, including reserved with decision pending, name and date when reserved, and preliminary inquiries in process in respect of criminal matters.

6.   Criminal Division Manager

1.  

   (1)   There shall be a Criminal Division Manager appointed by the Public Service Commission for the purpose of sub-rule (2).

1.  

   (2)   The Criminal Division Manager shall assist the Presiding Judge with administrative clerical and supervisory functions of the Criminal Division.

7.   Support personnel to report to Criminal Division Manager

All support personnel shall report directly to the Criminal Division Manager.

8.   Courts to sit continuously

The Courts of the Criminal Division shall sit continuously during the law year. (Amended by S.I. 82/2014)

Supreme Court (Legal Profession Disciplinary Procedure) Rules – Section 17

(Statutory Instrument 17/2014)

Statutory Instrument 17/2014 .. in force 10 February 2014

Statutory Instruments Made Under the Eastern Supreme Court (Saint Lucia) Act

ARRANGEMENT OF RULES

PART 1
PRELIMINARY

PART 2
ADMINISTRATION

PART 3
COMPLAINTS AND INVESTIGATIONS

PART 4
CASE MANAGEMENT AND DIVERSION PROGRAM

PART 5
DISCIPLINARY HEARING

PART 6
DISCIPLINARY ORDERS

PART 7
MISCELLANEOUS

SUPREME COURT (LEGAL PROFESSION DISCIPLINARY PROCEDURE) RULES – SECTION 17 OF SUPREME COURT ORDER

Commencement [10 February 2014]

PART 1
PRELIMINARY

1.   Citation

These Rules may be cited as the Supreme Court (Legal Profession Disciplinary Procedure) Rules.

2.   Interpretation

In these Rules —

“Act” means the Legal Profession Act;

“complainant” —

1.  

   (a)     means any person making a complaint under these Rules; and

1.  

   (b)     includes a person referred to in rule 7;

“Court” means the Magistrate's Court, High Court and Court of Appeal as the case may be;

“date of the disciplinary hearing” means the date set for the first hearing of a complaint in disciplinary proceedings under these Rules;

“disbarment” means removal of the name of an attorney-at-law from the Roll;

“Disciplinary Committee” means the Disciplinary Committee established under section 36(1) of the Act;

“disciplinary hearing” means a hearing on a complaint seeking disciplinary action against a respondent;

“disciplinary proceedings” means proceedings under these Rules after a complaint with respect to an attorney-at-law's professional conduct is made;

“electronic means” includes the communication of information by wireless, video, teleconferencing, e-mail and posting on a website;

“Investigating Counsel” means the person appointed under rule 5;

“Judge” means a Judge of the Supreme Court and includes a person appointed to act in that office;

“Master” means a Master of the Supreme Court and includes a person appointed to act in that office;

“parties” include the complainant, the respondent, and the Investigating Counsel;

“private admonition” means unpublished caution or reprimand of a respondent by a Judge;

“professional misconduct” has the same meaning assigned to it in Schedule 3 of the Act;

“public censure” means a published caution or reprimand of a respondent by a Judge;

“respondent” means the attorney-at-law against whom disciplinary proceedings has commenced;

“Roll” has the meaning assigned to it in the Act;

“Supreme Court” means the Eastern Caribbean Supreme Court established under the West Indies Associated States Supreme Court Order;

“suspension” means the suspension of the practicing certificate of the respondent for such time as the Court considers necessary.

3.   Application

These Rules do not affect the authority of the Disciplinary Committee under the Act.

PART 2
ADMINISTRATION

4.   Jurisdiction

1.  

   (1)   Subject to rule 3, an attorney-at-law shall be subject to disciplinary proceedings by the Supreme Court, in accordance with these Rules, in the exercise of his or her professional responsibilities.

1.  

   (2)   The functions of the Supreme Court under these Rules shall be exercised by a Judge.

1.  

   (3)   In giving effect to these Rules, the Judge shall be guided by the Code of Ethics and the Mandatory Provisions and Specific Prohibitions set out in Schedule 3 of the Act.

5.   Appointment of Investigating Counsel

1.  

   (1)   For the purposes of these Rules, the Solicitor General shall serve as Investigating Counsel or the Chief Justice may, subject to subrule (2), appoint an attorney-at-law as the Investigating Counsel.

1.  

   (2)   Where the Investigating Counsel is an attorney-at-law he or she shall be an attorney-at-law with at least 10 years experience in the practice of law and shall be appointed under such terms and conditions as the Chief Justice determines.

1.  

   (3)   The Investigating Counsel shall serve as the complainant in disciplinary proceedings arising from a report made under rule 6 and shall perform such other duties as the Chief Justice may direct.

PART 3
COMPLAINTS AND INVESTIGATIONS

6.   Report of professional misconduct

1.  

   (1)   A Judge, Master, Magistrate, the Chief Registrar or the Registrar of the High Court shall report to the Chief Justice professional misconduct by an attorney-at-law in relation to or arising in the course of legal proceedings before the Court.

1.  

   (2)   The Chief Justice shall refer a report of professional misconduct received pursuant to subrule (1), to the Investigating Counsel.

1.  

   (3)   A report made under subrule (1) —

   1.  

      (a)     shall not limit the power of a court to cite an attorney-at-law for contempt; and

   1.  

      (b)     shall not be in lieu of contempt.

7.   Complainant

Disciplinary proceedings may be commenced in the High Court against an attorney-at-law by —

1.  

   (a)     any person aggrieved by the alleged professional misconduct of an attorney-at-law;

1.  

   (b)     the Investigating Counsel, on a report of professional misconduct made pursuant to rule 6(1);

1.  

   (c)     the Attorney General, where the Attorney General has reasonable grounds to believe that the attorney-at-law has committed an act of professional misconduct; or

1.  

   (d)     the Disciplinary Committee pursuant to sections 39(3) and 43(2) of the Act.

8.   Commencement of disciplinary proceedings

1.  

   (1)   Disciplinary proceedings shall commence in the High Court on the filing of a complaint in writing and under oath.

1.  

   (2)   The complaint shall set out concisely —

   1.  

      (a)     the grounds for seeking discipline against the respondent;

   1.  

      (b)     the facts complained of, supported by an affidavit of a person having knowledge of the facts therein alleged and shall be accompanied by copies of such documents as may substantiate the facts.

1.  

   (3)   A complaint filed under subrule (1) shall be in the form specified in Form 1 of the Schedule and the affidavit in support shall conform with the form specified in Form 1A of the Schedule.

1.  

   (4)   The complaint and supporting affidavit and any other required document shall be filed in triplicate.

9.   Service of complaint

1.  

   (1)   The High Court shall, within 14 days of the filing of a complaint or such longer period as the High Court may by Order specify, serve notice of the complaint together with a copy of the complaint on the respondent in the form specified in Form 2 of the Schedule requiring the respondent to file an answer to the complaint within 28 days from the date of service.

1.  

   (2)   An affidavit of service shall be in the form specified in Form 3 of the Schedule and shall be filed upon service on the respondent.

10.   Answer

1.  

   (1)   The respondent shall file and serve an answer, in the form specified in Form 4 of the Schedule, within 28 days of service on him or her of a complaint.

1.  

   (2)   The High Court may extend the period referred to in subrule (1) on the application of the respondent.

11.   Notice and service

Except as otherwise provided by these Rules or by Order of the High Court, notice shall be in writing, and service of any notice, complaint, answer or other document requiring service under these Rules may be effected by —

1.  

   (a)     serving the notice, complaint, answer or other document —

   1.  

      (i)     on the person to be served, or

   1.  

      (ii)     at the place of business of the person to be served;

1.  

   (b)     publication of the notice in 2 consecutive copies of the Gazette and of a newspaper with weekly circulation in Saint Lucia; or

1.  

   (c)     electronic means.

12.   Investigation

1.  

   (1)   A complaint may be referred by the Registrar of the High Court to the Investigating Counsel for investigation —

   1.  

      (a)     on receipt of the complaint and answer in accordance with these Rules; or

   1.  

      (b)     if the respondent fails to answer.

1.  

   (2)   The respondent shall be given a full opportunity to be consulted during the investigation conducted by the Investigating Counsel.

1.  

   (3)   The investigation shall proceed ex parte if the respondent —

   1.  

      (a)     fails to provide an answer, in accordance with rule 10; or

   1.  

      (b)     fails to appear upon notice being provided in accordance with rule 11.

1.  

   (4)   The Investigating Counsel shall submit a report to the High Court containing his or her findings of fact and conclusions.

1.  

   (5)   The report of the Investigating Counsel shall be served on the parties to the proceedings at least 2 weeks before the case management referred to in rule 14.

1.  

   (6)   The Investigating Counsel shall appear at the case management to present his or her report.

13.   Continuation of investigation

An investigation commenced under these Rules shall not be interrupted or terminated by reason of the discontinuance, settlement, compromise, restitution, withdrawal of the complaint, or failure of the person aggrieved to prosecute the complaint.

PART 4
CASE MANAGEMENT AND DIVERSION PROGRAM

14.   Case management

1.  

   (1)   Part 26 of the Civil Procedure Rules 2000 shall apply to a case management conference undertaken under these Rules.

1.  

   (2)   Where an answer is filed pursuant to rule 10, the High Court shall immediately fix a date for a case management conference and give notice of the case management conference to the parties unless the complainant makes a request in writing that the complaint is not to continue.

1.  

   (3)   A notice under subrule (1) shall designate the date, place, and time of the case management conference and shall advise the respondent that he or she is entitled to be represented by an attorney-at-law at the case management conference.

1.  

   (4)   A case management conference under this rule may be conducted by a Judge or Master.

1.  

   (5)   The High Court shall at the case management conference determine whether —

   1.  

      (a)     there is an allegation made against the respondent which, if proved, would constitute grounds for discipline;

   1.  

      (b)     to proceed to disciplinary hearing;

   1.  

      (c)     to dismiss the allegations and furnish the complainant with a written explanation of the determination;

   1.  

      (d)     as an alternative to discipline, the respondent should be offered and agree to a diversion in accordance with rule 15; or

   1.  

      (e)     to impose private admonition except where a case management conference is conducted by a Master, paragraphs (c) and (d) shall not apply and such a determination shall not be made by a Master.

1.  

   (6)   In making a determination under subrule (5), the High Court may make an inquiry regarding the underlying facts and shall consider the following —

   1.  

      (a)     whether it is reasonable to believe that the professional misconduct warranted disciplinary proceedings;

   1.  

      (b)     any material or evidence relevant to the complaint;

   1.  

      (c)     the level of injury;

   1.  

      (d)     whether the respondent has previously been disciplined; and

   1.  

      (e)     whether the conduct in question is generally considered to warrant the commencement of disciplinary proceedings because it involves misrepresentation, conversion or commingling of funds, acts of violence, or criminal or other professional misconduct that ordinarily would result in public censure, suspension or disbarment.

1.  

   (7)   The High Court may at a case management conference give directions as to disclosure and inspection, service of expert reports, service of witness statements, preparation of agreed statements of facts, issues or area of law, and shall serve an Order containing any directions made on the parties.

15.   Offer of diversion

1.  

   (1)   For the purposes of these Rules, a diversion program may include, but is not limited to —

   1.  

      (a)     mediation;

   1.  

      (b)     arbitration;

   1.  

      (c)     law office management assistance;

   1.  

      (d)     evaluation and treatment for substance abuse;

   1.  

      (e)     psychological evaluation and treatment;

   1.  

      (f)     medical evaluation and treatment;

   1.  

      (g)     monitoring of the respondent's practice or accounting procedures;

   1.  

      (h)     continuing legal education; or

   1.  

      (i)     any other program authorized by the High Court.

1.  

   (2)   The Judge may offer a respondent a diversion through a diversion program as an alternative to discipline where —

   1.  

      (a)     he or she is satisfied that it is not likely that the respondent will harm the public during the period of participation;

   1.  

      (b)     the High Court can adequately supervise the conditions of diversion; and

   1.  

      (c)     participation in the diversion program is likely to benefit the respondent and accomplish the goals of the diversion program.

1.  

   (3)   The Judge may not offer a respondent a diversion where —

   1.  

      (a)     the presumptive form of discipline in the matter is likely to be greater than public censure;

   1.  

      (b)     the professional misconduct involves —

      1.  

         (i)     misappropriation of funds or property of a client or a third party,

      1.  

         (ii)     domestic violence under the Domestic Violence (Summary Proceedings) Act,

      1.  

         (iii)     dishonesty, deceit, fraud or misrepresentation, or

      1.  

         (iv)     any other criminal offence;

   1.  

      (c)     the professional misconduct resulted in or is likely to result in actual injury, loss of money, legal rights, or valuable property rights to a client or other person, unless restitution is a condition of diversion;

   1.  

      (d)     the respondent has been disciplined in the last 3 years;

   1.  

      (e)     the matter is of the same nature as professional misconduct for which the respondent has been disciplined in the last 5 years; or

   1.  

      (f)     the professional misconduct is part of a pattern of similar misconduct.

16.   Refusal of offer of diversion

If a respondent refuses an offer for a diversion, the Judge may proceed to a disciplinary hearing.

17.   Diversion agreement

1.  

   (1)   If a respondent agrees to an offer of diversion under rule 15(2), the terms of the diversion shall be specified in a diversion agreement.

1.  

   (2)   A diversion agreement shall specify —

   1.  

      (a)     the diversion program to which the respondent shall be diverted;

   1.  

      (b)     the general purpose of the diversion program;

   1.  

      (c)     the manner in which compliance is to be monitored; and

   1.  

      (d)     any requirement for payment of restitution or costs.

1.  

   (3)   When the diversion agreement is made, the respondent shall enter into the diversion program and complete the requirements of the diversion program.

18.   Effect of diversion program

1.  

   (1)   Diversion shall not constitute a form of discipline.

1.  

   (2)   Upon the respondent's entry into the diversion program, the underlying matter shall be placed in abeyance.

1.  

   (3)   If a diversion program is successfully completed in a matter that was determined to warrant investigation or disciplinary proceedings pursuant to these Rules, the matter shall be expunged.

1.  

   (4)   Information of professional misconduct admitted by the respondent to a treatment provider or a monitor while in a diversion program is confidential if the professional misconduct occurred before the respondent's entry into a diversion program.

1.  

   (5)   Subject to rule 17(2)(d), the respondent shall pay all the costs incurred in connection with participation in any diversion program.

1.  

   (6)   The files and records resulting from a diversion shall not be made public except by Order of a High Court Judge.

19.   Breach of diversion agreement

If the High Court has reason to believe that a respondent has breached a diversion agreement, the Judge may, after the respondent has had an opportunity to respond —

1.  

   (a)     if no breach of the diversion agreement is established, proceed in accordance with the terms of the diversion agreement;

1.  

   (b)     elect to modify the diversion agreement if a breach of a diversion agreement is established but determined not to be material or to be with justification; or

1.  

   (c)     terminate the diversion agreement and proceed to disciplinary hearing where a breach of a diversion agreement is established and determined to be material or to be without justification.

PART 5
DISCIPLINARY HEARING

20.   Notice of disciplinary hearing

1.  

   (1)   The High Court shall give notice of the disciplinary hearing to the parties.

1.  

   (2)   A notice under subrule (1) shall designate the date, place and time of the disciplinary hearing and shall advise the respondent that he or she is entitled to be represented by an attorney-at-law at the disciplinary hearing.

21.   Disclosure

1.  

   (1)   Unless otherwise directed by the High Court pursuant to rule 14(7), the parties to a disciplinary proceeding under these Rules must hold a meeting no later than 14 days after notice of the date of a disciplinary hearing is served under rule 20, to confer with each other about the nature and basis of the claims and defences and discuss the matters to be disclosed.

1.  

   (2)   No later than 14 days after service of a notice of the date of a disciplinary hearing, the parties shall disclose —

   1.  

      (a)     the name and, if known, the address and telephone number of each individual likely to have information relevant to disputed facts alleged in the pleadings, identifying who the person is and the subject of the information;

   1.  

      (b)     a listing, together with a copy of, or a description of, all documents, data compilations, and tangible things in the possession, custody, or control of the parties that are relevant to the disputed facts in the pleadings; and

   1.  

      (c)     a statement of whether the parties anticipate use of expert witnesses, identifying the subject areas of the proposed experts.

1.  

   (3)   Upon the request of one of the parties or upon Order of the Judge, no later than 14 days prior to the date of the disciplinary hearing, each party shall disclose to the other party and file a case management Order containing the following matters in the following order —

   1.  

      (a)     a listing of the claims and defences remaining for disciplinary hearing;

   1.  

      (b)     any claims or defences specified in the pleadings which will not be at issue at disciplinary hearing which shall be designated as “withdrawn”;

   1.  

      (c)     a plain, concise statement of all facts which the Judge shall accept as undisputed;

   1.  

      (d)     a list of applications, if any, which are anticipated to be filed before trial as well as applications, if any, which are pending before the Judge;

   1.  

      (e)     a deadline for the filing of such applications which shall be no later than 14 days prior to the date set for the disciplinary hearing;

   1.  

      (f)     a list of legal issues that are in dispute, including appropriate citation of statutory, case or other authority;

   1.  

      (g)     an indication as whether briefs for the disciplinary hearing will be filed, including a schedule for their filing.

1.  

   (4)   Each party shall attach to the case management Order a list of the name, address and telephone number of each person who the party will call and any person who the party may call as an expert witness at the disciplinary hearing, indicating —

   1.  

      (a)     the anticipated length of testimony, including cross- examination;

   1.  

      (b)     whether the opposing party accepts or challenges the qualifications of a witness to testify as an expert as to the opinions expressed;

and if there is a challenge, the list shall be accompanied by a resume specifying the basis for the expertise of the challenged witness.

1.  

   (5)   Briefs for the disciplinary hearing together with expert reports shall be filed by the parties no later than 7 days before the commencement of the disciplinary hearing.

1.  

   (6)   Each party shall provide the following information in their briefs for the disciplinary hearing —

   1.  

      (a)     a list containing the name, address, and telephone number of any person whom the party will call and of any person whom the party may call as a witness at the disciplinary hearing;

   1.  

      (b)     a list describing any physical or documentary evidence which the party intends to introduce at the disciplinary hearing.

1.  

   (7)   The complainant shall assign a number and the respondent shall assign a letter designation for each exhibit in the brief for the disciplinary hearing.

1.  

   (8)   If any party wishes to object to the authenticity or admissibility of any exhibit in the brief for the disciplinary hearing, the objection shall be noted, together with the grounds for the objection.

22.   Disciplinary hearing

1.  

   (1)   All disciplinary hearings shall be conducted by a Judge in private and shall be confidential except where the High Court orders otherwise.

1.  

   (2)   A complete record by electronic means or other means shall be made of all depositions and of all testimony taken at a disciplinary hearing before the Judge.

1.  

   (3)   The Judge may give an ex tempore decision at the conclusion of the hearing however, where the Judge reserves his or her decision, the decision shall be in writing and rendered within 60 days after the conclusion of the disciplinary hearing.

1.  

   (4)   In preparing his or her decision, the Judge shall take into consideration the respondent's prior disciplinary record, if any.

1.  

   (5)   When the Judge renders his or her decision, the Judge may —

   1.  

      (a)     determine that the complaint is not proved and make an Order dismissing the complaint;

   1.  

      (b)     make an Order conditional upon the agreement of the respondent diverting the respondent to a diversion program in accordance with rule 15; or

   1.  

      (c)     make an Order imposing private admonition, public censure, a definite period of suspension or disbarment pursuant to Part 6;

   1.  

      (d)     make any other appropriate Orders including, without limitation, probation, and Orders requiring the respondent to do one or more of the following —

      1.  

         (i)     pay the costs of the disciplinary proceeding,

      1.  

         (ii)     make restitution, or

      1.  

         (iii)     refund money paid to the respondent.

1.  

   (6)   The time for filing notice of appeal in accordance with rule 43 shall commence from the date of the Judge's decision.

23.   Mental or physical condition of respondent

1.  

   (1)   Where the mental or physical condition of the respondent becomes an issue in disciplinary proceedings, the Judge, upon a determination that reasonable cause exists and after notice to the respondent, may order the respondent to submit to —

   1.  

      (a)     a mental examination by a psychiatrist; or

   1.  

      (b)     a physical examination by a registered medical practitioner.

1.  

   (2)   If the respondent referred to in subrule (1) is confined in a psychiatric or medical facility in Saint Lucia or elsewhere, a certificate or a report of the examination establishing his or her mental or physical condition signed by a psychiatrist or registered medical practitioner of the psychiatric or medical facility, as the case may be, shall be produced.

1.  

   (3)   The respondent will be provided the opportunity to respond to an Order made under subrule (1) and the respondent may request a hearing before the Judge.

1.  

   (4)   If a request is made under subrule (3), the hearing shall be held within 28 days of the date of the respondent's request and shall be limited to the issue of whether reasonable cause exists for such an Order.

1.  

   (5)   If the certificate or the report of an examination referred to in subrule (2) indicates that the respondent has a mental disorder or physical condition and as a result is incapable of managing his or her affairs as it relates to his or her legal practice and is dangerous to himself, herself or to others, the Judge may make an Order for the appointment of a curator to the respondent and his or her legal practice.

1.  

   (6)   If the report of an examination referred to in subrule (2) indicates that the respondent —

   1.  

      (a)     is suffering from a mental disorder or physical condition;

   1.  

      (b)     is incapable of managing his or her affairs as it relates to his or her legal practice, and that he or she is capable of managing himself or herself; and

   1.  

      (c)     is not dangerous to himself, herself or to others,

the Judge may make such Orders as he or she thinks fit for the appointment of an attorney-at-law as a curator to take an inventory of the files of the respondent and to take any steps necessary to protect the interest of the respondent's client, and it shall not be necessary, unless in the discretion of the Judge it appears proper to do so, to make any Order as to the custody or curatorship of the respondent.

1.  

   (7)   All acts done by the respondent subsequent to the making of an Order under subrule (1) are void.

1.  

   (8)   Acts done by the respondent prior to the making of an Order under subrule (1) may be set aside, if the Judge is satisfied that the mental disorder existed at the time when the acts were done.

1.  

   (9)   The Judge, if satisfied by a report of a psychiatrist or registered medical practitioner, or any other evidence, that a respondent who was certified by a psychiatrist or registered medical practitioner as having a mental disorder or physical condition, as the case may be, is cured and capable of managing his or her affairs, may make an Order putting an end to the curatorship, and the respondent shall resume the exercise of his or her rights.

1.  

   (10)   An Order under this rule may be made on such terms and conditions as the Judge thinks fit.

1.  

   (11)   Notice of an Order under this rule shall be given immediately to the curator.

1.  

   (12)   In this rule “mental disorder” —

   1.  

      (a)     means —

      1.  

         (i)     a substantial disorder of thought, mood, volition, perception, orientation or memory which seriously impairs the behaviour, judgment or capacity of a person to recognize reality or his or her ability to meet the demands of life,

      1.  

         (ii)     mental retardation, where such a condition is associated with abnormally aggressive or seriously irresponsible behaviour; and

   1.  

      (b)     includes a deficiency of intellect and a substance abuse disorder.

24.   Conditional admission

1.  

   (1)   Where disciplinary proceedings are pending pursuant to these Rules, the respondent may with the approval of the complainant at any point prior to final determination by the Judge, tender a conditional admission of professional misconduct constituting grounds for discipline in lieu of a recommended form of discipline.

1.  

   (2)   A conditional admission of professional misconduct shall be in the form of an affidavit, submitted by the respondent, and shall contain —

   1.  

      (a)     an admission of professional misconduct which constitutes grounds for discipline;

   1.  

      (b)     an acknowledgment of the proceedings pending against the respondent; and

   1.  

      (c)     a statement that the admission is freely and voluntarily made, that it is not the product of coercion or duress and that the respondent is fully aware of the implications of his or her admission.

1.  

   (3)   The conditional admission under subrule (1) shall be filed in the High Court for review by the Judge.

1.  

   (4)   Disciplinary proceedings conducted pursuant to these Rules that are pending before the Judge at the time a conditional admission is tendered may be stayed by Order of the Judge.

1.  

   (5)   Within 14 days of the date a conditional admission is filed, the respondent may request a hearing before the Judge.

1.  

   (6)   If a hearing is requested under subrule (5), the High Court shall set a date for the hearing.

1.  

   (7)   Not less than 14 days before the date set for the hearing requested under subrule (5), the High Court shall serve notice of the hearing on the respondent and the complainant.

1.  

   (8)   A notice under subrule (7) shall —

   1.  

      (a)     designate the date, place and time of the hearing;

   1.  

      (b)     advise the respondent that he or she is entitled to be represented by an attorney-at-law at the hearing and to present an argument regarding the form of discipline to be ordered; and

   1.  

      (c)     advise the complainant that the he or she is entitled to be represented by an attorney-at-law and has a right to be present at the hearing and to make a statement, orally or in writing, to the Judge regarding the form of discipline.

1.  

   (9)   The Judge shall, after conducting a hearing as provided in this rule, if one is requested, either reject the conditional admission and Order that disciplinary proceedings continue in accordance with these Rules, or approve the conditional admission and enter an appropriate Order.

1.  

   (10)   The imposition of discipline pursuant to a conditional admission of professional misconduct shall terminate all disciplinary proceedings conducted pursuant to these Rules and pending against the respondent in connection with that professional misconduct.

1.  

   (11)   Subject to subrule (1), if a conditional admission is tendered before the commencement of a disciplinary hearing it shall remain confidential if the form of discipline stipulated is a private admonition and its contents shall not be publicly disclosed or made available for use in any proceedings outside these Rules, except as otherwise provided in these Rules or by an Order of the High Court.

1.  

   (12)   If the conditional admission of professional misconduct is rejected and the matter is returned for further disciplinary proceedings consistent with these Rules, the contents of the conditional admission shall not be used against the respondent.

25.   Conviction of an offence

1.  

   (1)   Except as otherwise provided by these Rules, a certified copy of the extract of conviction from the clerk of any court of criminal jurisdiction in Saint Lucia indicating that an attorney-at-law has been convicted of an offence in that court shall conclusively establish the existence of such conviction for purposes of disciplinary proceedings and shall be proof of the commission of that offence by the attorney-at-law.

1.  

   (2)   The clerk of any court, a Magistrate or a Judge, shall notify the Registrar of the High Court in writing of the conviction of an attorney-at-law of an offence, except for a minor traffic offence, within 14 days after the date of the conviction.

1.  

   (3)   Upon receipt of a notice under subrule (2), the Registrar of the High Court shall —

   1.  

      (a)     obtain the record of conviction of the attorney-at-law; and

   1.  

      (b)     report the conviction of the attorney-at-law to the Investigating Counsel.

1.  

   (4)   Upon receipt of a report under subrule (3), the Investigating Counsel shall prepare and file a complaint against the attorney-at-law in accordance with rule 8.

1.  

   (5)   Upon receipt of a complaint under subrule (4), the Judge may —

   1.  

      (a)     direct the convicted attorney-at-law to show cause why that attorney-at-law's practising certificate should not be immediately suspended pursuant to rule 35; and

   1.  

      (b)     on full consideration of the matter —

      1.  

         (i)     Order the immediate suspension of the practising certificate for a definite or indefinite period, or

      1.  

         (ii)     discharge the requirement to show cause.

1.  

   (6)   The fact that a convicted attorney-at-law is seeking appellate review of the conviction does not limit the power of the Judge to order the immediate suspension of his or her practising certificate.

1.  

   (7)   A practising certificate that has been immediately suspended under rule 35 shall be reinstated immediately upon the attorney-at-law filing an Order under the seal of the court stating that the conviction has been reversed.

1.  

   (8)   The reinstatement of the practising certificate shall not affect any disciplinary proceedings pending against the respondent.

1.  

   (9)   If a complaint is filed against a respondent pursuant to subrule (4), the Investigating Counsel shall present proof of the criminal conviction and may present any other evidence relevant to the offence for which the respondent was convicted and which the Investigating Counsel deems appropriate.

1.  

   (10)   Where the respondent's criminal conviction is either proved or admitted, the respondent shall have the right to be heard by the Judge only on matters of rebuttal of any evidence presented by the Investigating Counsel other than proof of the conviction.

1.  

   (11)   Rules 9, 10, 11 and 12 and Part 4 shall not apply to a complaint filed under this rule.

26.   Discipline imposed by foreign jurisdiction

1.  

   (1)   Except as otherwise provided by these Rules, and subject to Part 72 of the Civil Procedure Rules 2000 and the Enforcement of Foreign Judgements Act, a final decision of a court or a duly constituted disciplinary committee in a foreign jurisdiction, of professional misconduct constituting grounds for discipline of an attorney-at-law shall, for the purposes of proceedings pursuant to these Rules, conclusively establish such professional misconduct.

1.  

   (2)   An attorney-at-law who is subject to these Rules and against whom any form of discipline has been imposed by a competent authority of a foreign jurisdiction, or who voluntarily surrenders his or her practising certificate in connection with disciplinary proceedings in a foreign jurisdiction, shall notify the Registrar of the High Court of such action in writing within 14 days of the imposition of discipline or voluntary surrender and the Registrar of the High Court shall report the matter to the Investigating Counsel.

1.  

   (3)   Upon receiving a report under sub-rule (2) or otherwise, that an attorney-at-law subject to these Rules has been disciplined or has voluntarily surrendered his or her licence to practise law in a foreign jurisdiction, the Investigating Counsel shall obtain a copy of the Order for discipline and prepare and file a complaint against the attorney-at-law in accordance with rule 8.

1.  

   (4)   If the Investigating Counsel intends either to claim that substantially different discipline is warranted or to present additional evidence, notice of that intent shall be given in the complaint.

1.  

   (5)   If a respondent intends to challenge the validity of the Order entered against him or her in the foreign jurisdiction, the respondent must file with the High Court an answer and a full copy of the record of the disciplinary proceedings which resulted in the imposition of that disciplinary Order.

1.  

   (6)   At the conclusion of proceedings brought under this rule, the Judge may issue such Order as he or she considers appropriate.

1.  

   (7)   For the purposes of this rule “foreign jurisdiction” means a State or Territory outside of Saint Lucia.

PART 6
DISCIPLINARY ORDERS

27.   Disciplinary Orders of the High Court

Where grounds for discipline have been established in disciplinary proceedings under these Rules the High Court may make one or more of the following Orders —

1.  

   (a)     a disbarment Order removing from the Roll the name of the attorney-at-law against whom grounds for discipline have been established;

1.  

   (b)     a suspension Order suspending the practising certificate of the attorney-at-law against whom grounds for discipline have been established, for such time as the High Court considers necessary;

1.  

   (c)     such Order as to costs, with regard to the disciplinary proceeding before it as the High Court considers necessary;

1.  

   (d)     such further or other Order as the circumstances of the case may require including —

   1.  

      (i)     private admonition,

   1.  

      (ii)     public censure, or

   1.  

      (iii)     probation.

28.   Private admonition

A private admonition may be by letter served on the respondent and the complainant or personally read to the respondent in the presence of the complainant.

29.   Public censure

If the Judge considers that a respondent has contravened a requirement imposed on him or her by or under these Rules, the Judge may Order a public censure which may be a statement to that effect published in the Gazette and in a newspaper with weekly circulation in Saint Lucia.

30.   Probation

1.  

   (1)   A respondent may by Order of the Judge be placed on probation, where the respondent has satisfied the Court that he or she —

   1.  

      (a)     is unlikely to harm the public during the period of probation and can be adequately supervised;

   1.  

      (b)     is able to perform legal services and is able to practice law without causing the courts or legal profession to fall into disrepute; and

   1.  

      (c)     has not committed an act warranting disbarment.

1.  

   (2)   Probation shall be imposed for a specified period of time, which may be stayed in whole or in part and which shall not exceed 3 years unless an extension is granted upon application by either party.

1.  

   (3)   An application for an extension must be filed prior to the conclusion of the period originally specified in the Order.

31.   Conditions of probation

1.  

   (1)   The Order placing a respondent on probation shall specify the conditions of probation.

1.  

   (2)   The conditions of probation shall take into consideration the nature and circumstances of the respondent's professional misconduct history, character and health status.

1.  

   (3)   The conditions of probation may include —

   1.  

      (a)     making periodic reports to the High Court;

   1.  

      (b)     monitoring the respondent's practice or accounting procedures;

   1.  

      (c)     establishing a relationship with a mentor, and regular reporting with respect to the development of that relationship;

   1.  

      (d)     satisfactory completion of a course of study;

   1.  

      (e)     refund or restitution;

   1.  

      (f)     medical evaluation or treatment;

   1.  

      (g)     mental health evaluation or treatment;

   1.  

      (h)     evaluation or treatment in a program that specializes in treating disorders related to sexual misconduct;

   1.  

      (i)     evaluation or treatment in a program that specializes in treating matters relating to domestic violence, including domestic partner, elder and child abuse;

   1.  

      (j)     substance abuse evaluation or treatment;

   1.  

      (k)     abstinence from alcohol and drugs; and

   1.  

      (l)     no further violations of the Code of Ethics under the Act.

1.  

   (4)   The High Court shall monitor the respondent's compliance with the conditions of probation imposed under these Rules.

32.   Breach of probation Order

1.  

   (1)   A respondent shall be responsible for all costs of evaluation, treatment and supervision incurred pursuant to rule 31(3) and failure to pay the costs prior to termination of probation shall constitute a breach of probation.

1.  

   (2)   If during the period which the respondent is on probation the High Court receives information that any condition of the probation Order may have been breached, the Judge may —

   1.  

      (a)     make an Order requiring the respondent to show cause why another Order under rule 27 should not be made; or

   1.  

      (b)     make such other Order as he or she considers necessary.

33.   Revocation of probation Order

1.  

   (1)   A hearing for the revocation of a probation Order shall be held upon application of either party before the Judge.

1.  

   (2)   At the hearing for the revocation of a probation Order, the complainant has the burden of establishing by a preponderance of the evidence, the breach of a condition of the probation Order.

1.  

   (3)   When, in a hearing for revocation of a probation Order, the alleged breach of a condition is the respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a breach.

1.  

   (4)   At the conclusion of a hearing for the revocation of a probation Order, the Judge may —

   1.  

      (a)     make an Order to revoke the probation Order;

   1.  

      (b)     make a consequential Order as he or she considers fit; or

   1.  

      (c)     dismiss the application.

34.   Completion of probation period

1.  

   (1)   Except as otherwise provided for in the probation Order, within 28 days prior to the expiration of the period of probation, the respondent shall —

   1.  

      (a)     file an affidavit in the High Court stating that he or she has complied with all terms of the probation; and

   1.  

      (b)     file an application for an Order showing successful completion of the period of probation.

1.  

   (2)   Upon receipt of an application under subrule (1) and in the absence of an objection, the Judge shall issue an Order showing that the period of probation and the conditions if any, were successfully completed.

1.  

   (3)   An Order made pursuant to subrule (2) shall become effective upon the expiration of the period of probation.

35.   Immediate suspension of practising certificate

1.  

   (1)   The High Court may, on application by the complainant, order the immediate suspension of a respondent's practising certificate for a period of time while disciplinary proceedings are pending against the respondent, where —

   1.  

      (a)     there is reasonable cause to believe that the respondent is causing or has caused immediate and substantial public or private harm because the respondent has been convicted of an offence;

   1.  

      (b)     the respondent has converted property or funds; or

   1.  

      (c)     the respondent has engaged in conduct which poses an immediate threat to the effective administration of justice.

1.  

   (2)   Where an Order is made pursuant to sub rule (1) the matter shall proceed without delay as provided under these Rules.

1.  

   (3)   The respondent may file an appeal in the Court of Appeal against the immediate suspension Order, within 21 days of the issue of that Order.

36.   Effect of suspension or disbarment

1.  

   (1)   An Order imposing disbarment or suspension becomes effective 28 days after the date of entry of the decision or Order, or at such earlier or later time as the Judge may order.

1.  

   (2)   After the entry of an Order of suspension or disbarment, the respondent shall not accept any new retainer or employment as an attorney-at-law in any new case or legal matter except that during any period between the date of entry of an Order and its effective date the respondent may, with the consent in writing of the client after full disclosure, wind up or complete any matter of the client which is pending on the date of entry of the Order.

37.   Required action after Order of suspension or disbarment

1.  

   (1)   A respondent against whom an Order of suspension or disbarment has been entered shall —

   1.  

      (a)     promptly notify in writing by registered mail each client whom the respondent represents in a matter still pending of the Order entered against the respondent and of the respondent's consequent inability to act as an attorney-at-law after the effective date of such Order and advise the clients to seek legal services elsewhere;

   1.  

      (b)     deliver to each client all papers and property to which the client is entitled.

1.  

   (2)   A respondent against whom an Order of suspension or disbarment is entered and who represents a client in a matter involving litigation or proceedings before an administrative body shall —

   1.  

      (a)     notify that client as required under subrule (1) and shall recommend that the client promptly obtain a substitute attorney-at-law;

   1.  

      (b)     notify in writing by certified mail the opposing attorney-at-law of the Order entered against the respondent and of the respondent's consequent inability to act as an attorney-at-law after the effective date of the Order.

1.  

   (3)   The notice to the opposing attorney-at-law under subrule (2)(b), shall state the address and contact information of the client of the respondent against whom the Order was entered.

1.  

   (4)   A respondent who has been suspended need not comply with the requirements of rule 36(2) and rule 37 if the respondent has sought reinstatement and reasonably believes that reinstatement will occur within 14 days of the date of the Order of suspension but if the respondent is not reinstated within those 14 days, the respondent must comply with this rule.

1.  

   (5)   Where a client of the respondent against whom an Order was entered does not obtain a substitute attorney-at-law before the effective date of that Order, the respondent must appear before the court or administrative body in which the proceeding is pending and make an application for leave to withdraw.

38.   Affidavit of pending matters

1.  

   (1)   Within 14 days after the effective date of the Order of suspension or disbarment or within such additional time as allowed by the Judge, the respondent shall file in the High Court an affidavit stating —

   1.  

      (a)     a list of all pending matters in which the respondent served as attorney-at-law;

   1.  

      (b)     that the respondent has fully complied with the provisions of the Order and of this rule;

   1.  

      (c)     that the respondent has filed in the High Court, a list of the clients notified pursuant to rule 37 and a copy of each notice provided;

   1.  

      (d)     that the respondent has notified every other jurisdiction before which the respondent is admitted to practice law of the Order entered against respondent;

   1.  

      (e)     that the respondent has filed the affidavit in the High Court and on the complainant; and

   1.  

      (f)     the address of the respondent to which communications may thereafter be directed.

1.  

   (2)   The respondent shall continue to file an annual statement in the High Court for a period of at least 5 years following the effective date of the Order for disbarment or suspension listing the respondent's residence or other address where communications may thereafter be directed to the respondent.

39.   Record of steps taken

1.  

   (1)   A respondent who has been disbarred or suspended shall keep and maintain a record of any steps taken by the respondent pursuant to rules 37 and 38 as proof of compliance with this rule and with the Order entered against the respondent.

1.  

   (2)   Failure to comply with this rule without good cause shown shall constitute contempt of court.

1.  

   (3)   Proof of compliance with this rule is a condition precedent to any application for reinstatement or readmission.

40.   Readmission after disbarment

1.  

   (1)   A respondent who has been disbarred may not apply for readmission until at least 5 years after the effective date of the Order of disbarment.

1.  

   (2)   To be eligible for readmission the respondent must demonstrate his or her professional competence and fitness to practice law.

1.  

   (3)   The respondent must file a written application for readmission with the High Court in accordance with section 31 and 32 of the Act.

1.  

   (4)   Rules 9, 10 and 11 shall apply to an application made under this rule with such modifications as are necessary.

1.  

   (5)   An application under subrule (3) shall be heard in procedures identical to those outlined by these Rules governing disciplinary hearings of complaints, except that it is the respondent who must demonstrate by clear and convincing evidence his or her rehabilitation and full compliance with all applicable Orders and with all provisions of these Rules.

1.  

   (6)   The Judge shall consider every application for readmission and shall enter an Order granting or denying readmission.

41.   Publication of notice of Order

Subject to section 29 of the Act, the Registrar of the High Court shall by notice published in the Gazette and in at least two newspapers in general and at least weekly circulation in Saint Lucia give notice of an Order for suspension or disbarment of an attorney-at-law.

42.   Notice of Order to courts

The Registrar of the High Court shall transmit notice in writing of the suspension or disbarment of an attorney-at-law to all courts in Saint Lucia.

PART 7
MISCELLANEOUS

43.   Appeal

1.  

   (1)   An appeal shall lie to the Court of Appeal against any decision of —

   1.  

      (a)     the Judge; and

   1.  

      (b)     the Appeals (Professional Misconduct) Commission established under the Act;

within 42 days of the decision being made.

1.  

   (2)   Part 62 of the Civil Procedure Rules 2000 shall apply to an appeal made under these Rules and pursuant to the Act.

44.   Issue of summons

At a disciplinary hearing, the High Court may issue summons to compel —

1.  

   (a)     the attendance of a witness;

1.  

   (b)     the attendance of the respondent; or

1.  

   (c)     the production of pertinent books, papers, documents, or other evidence.

45.   Contempt of court

1.  

   A person may be cited for contempt of court if the person —

   1.  

      (a)     fails or refuses to comply with a summons issued pursuant to these Rules;

   1.  

      (b)     obstructs the Judge in the performance of his or her duties; or

   1.  

      (c)     having been duly sworn to testify refuses to answer any question.

46.   Number of copies filed

Unless otherwise provided in these Rules, in all cases before the High Court where a party files a document, an original and 3 copies of the document must be filed.

47.   Costs

1.  

   (1)   The Judge may assess costs in connection with any disciplinary proceedings.

1.  

   (2)   A respondent who applies for reinstatement of his or her practising certificate after a suspension or readmission after disbarment must bear the costs of the proceedings for such reinstatement or readmission.

48.   Pending litigation

1.  

   (1)   A disciplinary proceeding which involve complaints with material allegations substantially similar to the material allegations of a criminal prosecution pending against the respondent may, in the discretion of the Judge, be deferred until the conclusion of the prosecution.

1.  

   (2)   Disciplinary proceedings involving complaints with material allegations which are substantially similar to those made against the respondent in pending civil litigation may, in the discretion of the Judge, be deferred until the conclusion of the litigation.

1.  

   (3)   Notwithstanding subrule (1) and (2), the acquittal of a respondent on criminal charges or a verdict or judgment in the respondent's favour in civil litigation involving substantially similar material allegations shall not without more justify the termination of disciplinary proceedings pending against the respondent upon the same material allegations.

49.   Protective appointment of attorney-at-law

1.  

   (1)   The Registrar of the High Court, on prior consultation with the President of the Bar Association, shall appoint an attorney-at-law to take an inventory of the files of the respondent and to take any steps necessary to protect the interests of the respondent's clients, where —

   1.  

      (a)     the practising certificate of the respondent has been suspended or the respondent has been disbarred and there is evidence that the respondent has not complied with rule 37 or 38; or

   1.  

      (b)     a respondent has disappeared or died, and no partner, executor, or other responsible party capable of conducting the respondent's affairs is known to exist.

1.  

   (2)   An attorney-at-law appointed pursuant to this rule shall not disclose any information contained in the files from which the inventory was taken without the consent of the client to whom such files relate.

50.   Limitation period

1.  

   (1)   Subject to subrule (2), a complaint against an attorney-at-law shall be filed within 6 years of the time that the complainant discovers or reasonably should have discovered the professional misconduct.

1.  

   (2)   There shall be no limitation period for professional misconduct on grounds of fraud, conviction of a serious crime, or for professional misconduct the discovery of which has been prevented by concealment by the respondent.

51.   Expunction of records

1.  

   (1)   Except for records relating to disciplinary proceedings that have become public, all records relating to disciplinary proceedings that are dismissed, shall be expunged from the files of the High Court after the time provided for an appeal under these Rules or an extension of the time has expired.

1.  

   (2)   Upon either general or specific inquiry concerning the existence of disciplinary proceedings which have been expunged, the Registrar of the High Court shall respond by stating that no proceedings exist.

1.  

   (3)   For the purposes of this rule, “expunge” means the destruction of all records or other evidence of any type.

52.   Right to inspect

1.  

   (1)   Subject to rule 51, and any other provision in these Rules to the contrary, on payment of a fee of $20, any party, or his or her attorney-at-law or legal representative is entitled on application during office hours, to search for, inspect and take a copy of any document filed in the High Court under these Rules.

1.  

   (2)   A document filed in or in the custody of a court office under these Rules shall not be taken out of the Court office without the leave of the Court unless the document is to be sent to another court office or to a Magistrate's Court.

53.   Practice directions

The Chief Justice may, by notice in the Gazette in Saint Lucia, where there is no express provision in these Rules for a practice or procedure, give directions as to the procedure and practice to be followed.

Schedule

(Rule 8(3))

FORM 1

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

(Rule 8(3))

FORM 1A

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

(Rule 9(1))

FORM 2

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

(Rule 9(2))

FORM 3

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

(Rule 10 (1))

FORM 4

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

Eastern Caribbean Supreme Court (Tarriff of Fees) (Deeds and Mortgages) – Section 70

(Statutory Instrument 12/1975)

Statutory Instrument 12/1975 .. in force 5 April 1975

Commencement [5 April 1975]

1.   Citation

These Rules may be cited as Eastern Caribbean Supreme Court (Saint Lucia) (Tariff of Fees) (Deeds and Mortgages) Rules.

2.   Tariff of Fees

The following fees are payable to the Registrar of Deeds and Mortgages in respect of the several matters hereinafter set out. All fees payable to the Registrar shall be paid in stamps affixed to the document in respect of which they are paid; or if the fee is payable otherwise than in respect of a document, stamps shall be affixed or impressed upon the form of application (if any) or in or upon some appropriate book or other office record.

Eastern Caribbean Supreme Court (Administrator General's Commission) Order – Section 75

(Statutory Instrument 13/1975)

Statutory Instrument 13/1975 .. in force 12 April 1975

ARRANGEMENT OF SECTIONS

EASTERN CARIBBEAN SUPREME COURT (ADMINISTRATOR GENERAL'S COMMISSION) ORDER – SECTION 75

Commencement [12 April 1975]

1.   Citation

This Order may be cited as Eastern Caribbean Supreme Court (Administrator General's Commission) Order.

2.   Administrator General's Commission

There shall be paid to the Administrator General for the use of the State, a commission as set out hereunder, on all moneys and the value of all property which may come into his or her possession by virtue of his or her office—

Eastern Caribbean Supreme Court (Constitution of the Court of Appeal) Notice – Section 5

(Statutory Instrument 27/1988)

Statutory Instrument 27/1988 .. in force 25 June 1988

Commencement [25 June 1988]

1.  

   Whereas it is provided by section 5 of the Eastern Caribbean Supreme Court (Saint Lucia) Act that subject to the provisions of section 17(3) of the Supreme Court Order and of rules of court, the Court of Appeal and the High Court for the exercise of the jurisdiction conferred upon them respectively shall be constituted in such manner as the Chief Justice may direct;

1.  

   And Whereas it is deemed expedient that a directive be given by the Chief Justice with regard to the constitution of the Court of Appeal:

1.  

   Now Therefore it is hereby directed that the Court of Appeal shall be properly constituted when a sitting of that Court is presided over by the Chief Justice or in his or her absence the senior sitting justice of appeal.

Eastern Caribbean Supreme Court (Sittings of the Court) Rules – Section 17

(Statutory Instruments 108/2014 and 29/2017)

Statutory Instrument 108/2014 .. in force 1 November 2014

Amended by S.I. 29/2017 .. in force 1 April 2017

ARRANGEMENT OF RULES

EASTERN CARIBBEAN SUPREME COURT (SITTINGS OF THE COURT) RULES – SECTION 17

Commencement [1 November 2014]

1.   Citation

These Rules may be cited as the Eastern Caribbean Supreme Court (Sittings of the Court) Rules.

2.   Commencement

These Rules shall come into force on the 1^st day of November, 2014.

3.   Interpretation

In these Rules, “law year” means the period from the 16^th day of September to the 31^st day of July of the following year.

4.   General sittings of the High Court in non-criminal matters

Except as otherwise provided in these Rules or any other enactment, during the law year the High Court shall sit continuously in the States and Territories for the trial of civil and other non-criminal matters and the disposal of the regular business of the Court.

5.   Sittings of the High Court in criminal matters

1.  

   (1)   Except as otherwise provided in these Rules or any other enactment, the High Court shall sit continuously in its criminal jurisdiction in the States and Territories from the first Tuesday immediately following the end of any vacation, until the commencement of the next vacation.

1.  

   (2)   Subrule (1) shall not apply to Anguilla, Montserrat and the Nevis Circuit of Saint Christopher and Nevis. (Substituted by S.I. 29/2017)

6.   Sittings of the High Court in Anguilla, Montserrat and Nevis

1.  

   (1)   The High Court shall commence the trial of criminal matters in —

   1.  

      (a)     Anguilla, on the first Tuesday of the months of March and October;

   1.  

      (b)     Montserrat, on the first Tuesday of the months of March, July and November;

   1.  

      (c)     in Nevis, on the first Tuesday of the months of April and November. (Substituted by S.I. 29/2017)

   1.  

      (d)     (Deleted by S.I. 29/2017)

1.  

   (2)   Where the first Tuesday in any such month as specified in subsection (1) falls within the Court's vacation, or on a public holiday, the trial of criminal matters shall commence on the first Tuesday following the end of the Court's vacation or the next working day, as the case may be.

1.  

   (3)   The Judge of the High Court may, with the concurrence of the Chief Justice, fix an alternative date for the commencement of criminal trials.

1.  

   (4)   Notice of the date fixed shall be published in the local Gazette, not less than 7 days prior to the commencement of the sitting.

1.  

   (Amended by S.I. 29/2017)

7.   Sittings of the Court of Appeal

Except as otherwise provided for in these Rules or any other enactment, the Court of Appeal shall sit continuously in the States and Territories for the determination of appeals and applications in accordance with the schedule of sittings as the Chief Justice may direct.

8.   Vacations of the Court

1.  

   (1)   There shall be 3 vacations observed by the Court in each year —

   1.  

      (a)     Christmas vacation that begins on the 23^rd day of December and ends on the 10^th day of January;

   1.  

      (b)     Easter vacation that begins on the Thursday before Easter Sunday and ends on the Saturday after Easter Sunday; and

   1.  

      (c)     Long vacation that begins on the 1^st day of August and ends on the 15th day of September.

1.  

   (2)   The days of commencement and termination of each vacation shall be included in such vacation.

9.   Hearings in vacation

1.  

   (1)   During vacations —

   1.  

      (a)     the Court of Appeal may sit to hear and determine appeals and applications as the Court of Appeal may direct; and

   1.  

      (b)     the High Court may sit to hear and determine trials and applications as a judge or master may direct.

1.  

   (2)   Any party to a claim or matter may at any time apply to the High Court for an order that a trial or application be heard during the vacation, and where the Court is satisfied that the matter requires to be immediately or promptly heard, it may make an order accordingly and fix a date for the hearing.

1.  

   (3)   Any party to an appeal may apply to the Court of Appeal for an order that an appeal or application relating to an appeal be heard during the vacation and, where the Court is satisfied that the matter requires to be immediately or promptly heard, it may make an order accordingly and fix a date for the hearing.

1.  

   (4)   An application made under subrule (2) may be determined on paper by a judge or master.

1.  

   (5)   An application made under subrule (3) may be determined on paper by a single judge of the Court of Appeal.

Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) Rules – Section 19(2)

(Statutory Instruments 103/2017, 120/2017 and 6/2019)

Statutory Instrument 103/2017 .. in force 1 October 2017

Amended by S.I. 120/2017 .. in force 15 November 2017

Amended by S.I. 6/2019 .. in force 28 January 2019

ARRANGEMENT OF RULES

EASTERN CARIBBEAN SUPREME COURT (COURT PROCEEDINGS FEES) (SAINT LUCIA) RULES – SECTION 19(2)

Commencement [1 October 2017]

1.   Citation

These Rules may be cited as the Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) Rules.

2.   High Court civil proceedings fees

The fees to be taken in the High Court in respect of civil proceedings, except the fees for family proceedings and admiralty and bankruptcy proceedings are the fees specified in Schedule 1.

3.   High Court family proceedings fees

The fees to be taken in the High Court in respect of family proceedings are the fees specified in Schedule 2.

4.   High Court admiralty and bankruptcy proceedings fees

The fees to be taken in the High Court in respect of —

1.  

   (a)     admiralty; or

1.  

   (b)     bankruptcy proceedings in the High Court,

are the fees specified in Schedule 3.

5.   Non-contentious probate and administration of estates proceedings fees

The fees to be taken in the High Court in respect of non-contentious Probate and Administration of Estate proceedings are the fees specified in Schedule 4.

6.   Court of Appeal Fees

The fees to be taken in the Court of Appeal in respect of criminal and civil proceedings are the fees specified in Schedule 5.

7.   Transcript of court proceedings fees

1.  

   (1)   The fees to be taken in the High Court in respect of the preparation of transcripts of court proceedings in civil proceedings are the fees specified in Schedule 6.

1.  

   (2)   The fees to be taken in the High Court in respect of the preparation of transcripts of court proceedings in criminal proceedings are the fees specified in Schedule 7.

7A.   FEES FOR SERVICES PROVIDED TO OR BY THE COURT

1.  

   (1)   Subject to subrule (2), the fees in respect of services provided to or by the Court are the fees specified in Schedule 7A.

1.  

   (2)   In the case of fees for travel of officers on official duties, if a seizure is to be effected at a distance of more than five miles or at more than one place, or on more than one immovable property, the Sheriff shall determine the sum payable to an officer for travel on official duties under the circumstances.

1.  

   (Inserted by S.I. 6/2019.)

7B.   PAYMENT OF FEES

The fees payable under these Rules must be paid —

1.  

   (a)     by cheque;

1.  

   (b)     by debit card;

1.  

   (c)     by credit card;

1.  

   (d)     by cash; or

1.  

   (e)     in any other manner, as the Chief Justice and 2 other judges shall publish.

1.  

   (Inserted by S.I. 6/2019.)

8.   Revocation

An enactment specified in Schedule 8 is revoked.

Schedule 1

(Rule 2)

HIGH COURT CIVIL PROCEEDINGS FEES

Schedule 2

(Rule 3)

HIGH COURT FAMILY PROCEEDINGS FEES

Schedule 3

(Rule 4)

HIGH COURT ADMIRALTY AND BANKRUPTCY PROCEEDINGS FEES

Schedule 4

(Rule 5)

NON-CONTENTIOUS PROBATE AND ADMINISTRATION OF ESTATES FILING FEES

(Substituted by S.I. 120/2017)

Schedule 5

(Rule 6)

COURT OF APPEAL (CIVIL AND CRIMINAL PROCEEDINGS) FEES

Schedule 6

(Rule 7(1))

TRANSCRIPT OF COURT PROCEEDINGS (CIVIL PROCEEDINGS) FEES

Schedule 7

(Rule 7(2))

TRANSCRIPT OF COURT PROCEEDINGS (CRIMINAL PROCEEDINGS) FEES

Schedule 7A

(Rule 7A)

FEES FOR SERVICES PROVIDED TO OR BY THE COURT

(Inserted by S.I. 6/2019)

Schedule 8

(Rule 8)

(a)     Eastern Caribbean Supreme Court (Saint Lucia) (Tariff of Fees) Rules, Statutory Instrument, No. 79 of 1993.

(b)     Divorce (Amendment) Rules, Statutory Instrument, No. 39 of 1997.

(c)     (Deleted by S.I. 6/2019)

Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules – Section 17

(Statutory Instrument 104/2017)

Statutory Instrument 104/2017 .. in force 1 October 2017

ARRANGEMENT OF RULES

EASTERN CARIBBEAN SUPREME COURT (NON-CONTENTIOUS PROBATE AND ADMINISTRATION OF ESTATES) RULES – SECTION 17

Commencement [1 October 2017]

1.   Citation

These Rules may be cited as the Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires —

“administration” means a grant of letters of administration with or without will annexed;

“attorney-at-law” means a person whose name is entered on the Roll under the Legal Profession Act;

“authorised officer” —

1.  

   (a)     means an officer of the registry who is for the time being authorised to administer an oath or take an affidavit required for any purpose connected with his or her duties, and

1.  

   (b)     includes, the resealing of grants and, in the case of Saint Lucia, includes, an ex officio commissioner under section 85 of the Eastern Caribbean Supreme Court Order;

“citee” means a person who receives a citation;

“Court” means the Eastern Caribbean Supreme Court;

“CPR 2000” means the Eastern Caribbean Supreme Court Civil Procedure Rules 2000;

“grant” means a grant of probate or letters of administration with or without will annexed;

“gross value” means the value, or valuation range in the case of the Territory of the Virgin Islands, of the estate without deduction for debts, encumbrances, funeral expenses or death duties;

“judge” means a judge of the Court;

“Member State” means —

1.  

   (a)     Antigua and Barbuda;

1.  

   (b)     Anguilla;

1.  

   (c)     Commonwealth of Dominica;

1.  

   (d)     Grenada;

1.  

   (e)     Montserrat;

1.  

   (f)     Saint Christopher and Nevis;

1.  

   (g)     Saint Lucia;

1.  

   (h)     Saint Vincent and The Grenadines; or

1.  

   (i)     Territory of the Virgin Islands;

“Registrar” means the registrar of the High Court in a Member State;

“registry” means the registry of the Eastern Caribbean Supreme Court of a Member State;

“standard will” means a will other than a holograph, privileged, notarial or statutory will and in the case of Saint Lucia, a standard will includes an english will as defined under Article 789 of the Civil Code of Saint Lucia;

“Trust Corporation” has the meaning assigned under the Trust Corporation (Probate and Administration) Act or similar enactment in a Member State;

“value” means the market value of the property comprising the estate.

3.   Application

1.  

   (1)   Subject to the provisions of these Rules and to any enactment, the CPR 2000 shall apply to non-contentious probate matters, except that nothing in Part 3 of the CPR 2000 shall prevent time from running in the Long Vacation.

1.  

   (2)   Subject in any particular case to a direction given by a judge or the registrar, these Rules shall apply to any proceedings which are pending on the date on which they came into force as well as to any proceedings commenced or later that date.

4.   Forms

A form referred to by number means a form so numbered in the Schedule with such variations as in a particular case the Court may direct or approve.

5.   To whom and where applications are to be made

An application for a grant of probate or letters of administration shall be made to the Registrar of the Court and shall be filed at the registry where all caveats, warnings, citations, acknowledgements of service and notices of application under these Rules shall be filed.

6.   Who can make an application

1.  

   (1)   An application for a grant of probate or letters of administration may be made —

   1.  

      (a)     through an attorney-at-law;

   1.  

      (b)     by the propounder of a will; or

   1.  

      (c)     by a proposed administrator in person.

1.  

   (2)   An application or a notice of application for a grant of probate or letters of administration shall —

   1.  

      (a)     bear the signature of the attorney-at-law, propounder or proposed administrator in person; and

   1.  

      (b)     contain an address for service for the attorney-at-law, propounder or administrator in person, including an email address and contact number.

7.   Hearing of applications

1.  

   (1)   An application under these Rules shall be made in the first instance to the Court in Form P1 or Form P2, as the case may be.

1.  

   (2)   Except where any enactment, rule or practice direction provides otherwise, the functions of the Court may be exercised in accordance with these Rules and a direction made by —

   1.  

      (a)     the Chief Justice;

   1.  

      (b)     a judge;

   1.  

      (c)     a master; or

   1.  

      (d)     the Registrar.

8.   How to apply for a grant of probate

1.  

   (1)   Except in the case of a notarial will in Saint Lucia, an executor who applies for a grant of probate shall file at the registry —

   1.  

      (a)     an application for a grant of probate in Form P1;

   1.  

      (b)     a certificate of search confirming that —

      1.  

         (i)     no other grant of probate has been issued,

      1.  

         (ii)     no other application for a grant of probate has been made, and

      1.  

         (iii)     no caveats have been filed;

   1.  

      (c)     an oath in Form P3;

   1.  

      (d)     the will marked in accordance with rule 18(1);

   1.  

      (e)     a certified copy of the death certificate or in the absence of the death certificate, an affidavit together with the burial certificate or other relevant document to the satisfaction of the Court;

   1.  

      (f)     an affidavit of due execution of the will in the form and manner prescribed by rule 17(1), or where the circumstances so require an affidavit in the form prescribed by rule 17(2) to (6), as the case may be;

   1.  

      (g)     a declaration and account of the estate of the deceased in Form P6, and in the case of the Territory of the Virgin Islands, Form P6A;

   1.  

      (h)     the appropriate affidavit under rule 22, if required; and

   1.  

      (i)     a certificate from the Comptroller of Inland Revenue that the duty has been paid or a letter stating that satisfactory arrangements have been made for the payment of duty, where an enactment in a Member State requires payment of stamp duty, estate duty or succession duty.

1.  

   (2)   Where, on an application for a grant of probate, power to apply for a like grant is to be reserved to such other of the executors as have not renounced probate, the oath shall state that notice of the application has been given to the executor or executors to whom power is to be reserved.

1.  

   (3)   Where an application is made for a grant of probate by one or more, but not all executors named in a will, and power is not reserved to the other executors, the applicant must account for the absence of the other named executors by exhibiting in his or her oath —

   1.  

      (a)     evidence of the death of the executor;

   1.  

      (b)     a certified copy of renunciation made by that executor; or

   1.  

      (c)     the citation to the executor, accompanied by the affidavit of service of the citation.

9.   How to apply for letters of administration with will annexed

1.  

   (1)   Except in the case of a notarial will in Saint Lucia, a person who seeks a grant of letters of administration with will annexed, shall file at the registry —

   1.  

      (a)     an application for a grant of letters of administration with will annexed in Form P1 except in the case of Saint Lucia which shall be done in accordance with Part Sixth, Article 1015 of the Code of Civil Procedure, Cap. 243 of the Revised Laws of Saint Lucia 1957;

   1.  

      (b)     a certificate of search confirming that —

      1.  

         (i)     no other grant has been issued,

      1.  

         (ii)     no other application for a grant has been made, and

      1.  

         (iii)     no caveats have been filed;

   1.  

      (c)     an oath in Form P4;

   1.  

      (d)     the will marked in accordance with rule 18(1);

   1.  

      (e)     a certified copy of the death certificate or in the absence of the death certificate, an affidavit together with the burial certificate or other relevant document to the satisfaction of the Court;

   1.  

      (f)     an affidavit of due execution of the will of the deceased in the form and manner prescribed by rule 17(1), or where the circumstances so require an affidavit in the form prescribed by rule 17(2) to (6), as appropriate;

   1.  

      (g)     a declaration and account of the estate of the deceased in Form P6 and in the case of the Territory of the Virgin Islands Form P6A;

   1.  

      (h)     the appropriate affidavit under rule 22, if required;

   1.  

      (i)     a certificate from the Comptroller of Inland Revenue that the duty has been paid or a letter stating that satisfactory arrangements have been made for the payment of duty, where an enactment in the Member State requires payment of stamp duty, estate duty or succession duty; and

   1.  

      (j)     a certified copy of the birth certificate and marriage certificate of the applicant;

   1.  

      (k)     an oath in Form P5, accounting for all persons entitled to a grant in priority to him or her;

   1.  

      (l)     the consent of all persons entitled under paragraph (k), unless —

      1.  

         (i)     good reasons are shown for dispensing with such consent; or

      1.  

         (ii)     subject to rule 25, a person is entitled in the same degree of priority.

10.   Order of priority for grant where deceased left a will

The person who is entitled to apply for a grant, where a deceased left a will, is to be determined in accordance with the following order of priority —

1.  

   (a)     the executor;

1.  

   (b)     a residuary devisee or legatee holding in trust for any person;

1.  

   (c)     any other residuary devisee or legatee;

1.  

   (d)     a devisee or legatee holding in trust for any other person;

1.  

   (e)     a devisee or legatee;

1.  

   (f)     a person entitled to share in the undisposed residuary estate; and

1.  

   (g)     such other person as the Court directs.

11.   How to apply for a grant of probate of a notarial will in Saint Lucia

1.  

   (1)   The provisions in Part Sixth, Article 1015 of the Code of Civil Procedure, Cap. 243 of the Revised Laws of Saint Lucia 1957, shall govern the application for a grant, of letters of administration with will annexed in Saint Lucia.

1.  

   (2)   A person who seeks a grant of probate or letters of administration with will annexed of a notarial will in Saint Lucia, shall comply with the requirements in respect of an application for a grant of probate under rule 8 or a grant of letters of administration with will annexed under rule 9 except that the applicant —

   1.  

      (a)     is required to file a certified copy of the notarial will with the application; and

   1.  

      (b)     is not required to —

      1.  

         (i)     mark the will,

      1.  

         (ii)     file an affidavit of due execution.

12.   How to apply for letters of administration in case of a minority or a life interest where person dies intestate

Subject to rule 16, where a person dies intestate and the estate gives rise to a minority or a life interest, a grant of letters of administration shall not be issued to less than 2 administrators, unless the Court permits.

13.   How to apply for a grant of letters of administration

1.  

   (1)   A person who seeks a grant of letters of administration must file at the registry —

   1.  

      (a)     an application for a grant of letters of administration in Form P1;

   1.  

      (b)     a certificate of search confirming that —

      1.  

         (i)     no other grant has been issued,

      1.  

         (ii)     no other application for a grant has been made, or

      1.  

         (iii)     no caveats have been filed;

   1.  

      (c)     an oath in Form P5;

   1.  

      (d)     a certified copy of the death certificate or in the absence of the death certificate, an affidavit together with the burial certificate or other relevant document to the satisfaction of the Court;

   1.  

      (e)     a declaration and account of the estate of the deceased in Form P6, and in the case of the Territory of the Virgin Islands Form P6A;

   1.  

      (f)     if required, the appropriate affidavit or affidavits under rule 22;

   1.  

      (g)     a certificate from the Comptroller of Inland Revenue that the duty has been paid or a letter stating that satisfactory arrangements have been made for the payment of duty, where any enactment in the Member State requires payment of stamp duty, estate duty or succession duty; and

   1.  

      (h)     a certified copy of the birth certificate and marriage certificate of the applicant.

1.  

   (2)   A person applying for a grant of letters of administration —

   1.  

      (a)     must set out his or her entitlement to the grant;

   1.  

      (b)     must in his or her oath account for all persons entitled to a grant in priority to him or her;

   1.  

      (c)     must file with the application the consent of all persons so entitled, unless a good reason is shown for dispensing with such consent; and

   1.  

      (d)     subject to rule 25, need not obtain the consent of any person in the same degree of priority.

14.   Order of priority in case of intestacy

1.  

   (1)   With the exception of Saint Lucia, where a person dies intestate, the right to a grant of letters of administration is to be determined in accordance with the following order of priority —

   1.  

      (a)     the surviving spouse of the deceased;

   1.  

      (b)     the children of the deceased, and the issue of a child who died before the deceased;

   1.  

      (c)     the father and mother of the deceased;

   1.  

      (d)     the brothers and sisters of the whole blood and the issue of a deceased brother or sister of the whole blood who died before the deceased;

   1.  

      (e)     the brothers and sisters of the half-blood and the issue of a deceased brother or sister of the half-blood who died before the deceased;

   1.  

      (f)     the grandparents;

   1.  

      (g)     the uncles and aunts of the whole blood and the issue of a deceased uncle or aunt of the whole blood who died before the deceased; and

   1.  

      (h)     the uncles and aunts of the half blood and the issue of a deceased uncle or aunt of the half-blood who died before the deceased.

1.  

   (2)   With the exception of Saint Lucia, in default of a person having a beneficial interest in the estate, a person is entitled to a grant of letters of administration if he or she claims bona vacantia on behalf of the Crown.

1.  

   (3)   In the case of Saint Lucia, a grant for letters of administration shall be made under Article 1016 of the Code of Civil Procedure, Cap. 243 of the Revised Laws of Saint Lucia 1957, to the persons entitled in the following order of priority —

   1.  

      (a)     to the persons within the heritable degree in order of their right to succeed the deceased;

   1.  

      (b)     to the surviving wife or husband of the deceased, as the case may be; or

   1.  

      (c)     to the person nominated by the Crown to apply for the grant of letters of administration.

1.  

   (4)   If a person entitled to a grant under this rule is incapable of, or not prepared to apply for the grant, it may be made to —

   1.  

      (a)     a creditor or person interested in the succession of the deceased, except in the case of Saint Lucia which shall be in accordance with Article 589 of the Civil Code of Saint Lucia;

   1.  

      (b)     a person who has no immediate beneficial interest in the estate, but who may have such an interest in the event of an addition to the estate; or

   1.  

      (c)     such other person as the Court directs.

15.   Advertisement of application for a grant of probate or letters of administration

An application for a grant of probate or letters of administration shall be advertised in Form P7 after the application has been filed, and shall be advertised once a week for not less than 2 weeks in a newspaper of general circulation in the relevant Member State.

16.   How to apply for small estate grants

Where a person dies possessed of, or entitled to an estate, the value of which does not exceed the sum specified in the statutory provision of the Member State     Antigua & Barbuda     –     Administration of Small Estates Act, Cap. 8     The Virgin Islands     –     Administration of Small Estates Act, Cap. 4     Dominica     –     Administration of Small Estates Act, Ch. 9:06     Grenada     –     Probate Act, Cap. 255     Montserrat     –     Administration of Small Estates Act, Cap. 4     St. Christopher & Nevis     –     Administration of Small Estates Act, Cap. 4     Saint Lucia     –     Administration of Small Successions Act, Cap. 4.12     St. Vincent & the Grenadines     –     Administration of Small Estates Act, Cap. 488, and an application has been made for a grant of probate or letters of administration by the person entitled in accordance with the order of priority under rule 10 or 14, as the case may be, the following provisions apply —

1.  

   (a)     on receipt of the application, the Court shall make such inquiries into the facts stated as it thinks fit;

1.  

   (b)     the papers required in respect of an application for a grant of probate or letters of administration, as the case may be, shall be filed in accordance with rule 8, 10 or 13 as the case may be, but the applicant is not required —

   1.  

      (i)     to pay any filing fee, and

   1.  

      (ii)     to file a declaration and account of the estate, but the applicant shall set out the information required in the declaration and account of the estate in his or her oath; and

1.  

   (c)     unless the Court otherwise directs, there must be no advertisement of the application in accordance with rule 15, but the Court shall cause notice of the application to be posted in a conspicuous place in the registry for a period of two weeks before the grant issues.

17.   Evidence as to due execution of will

Evidence on affidavit as to due execution of the following types of wills shall be given to the Court —

1.  

   (1)   Standard Wills or in the case of Saint Lucia English Wills

Where the will of the deceased is a will other than a will, one to which subrule (3), (4), (5) or (6) applies —

1.  

   (a)     an affidavit of due execution shall be filed by —

   1.  

      (i)     one or more of the attesting witnesses in Form P8,

   1.  

      (ii)     any other person who was present when the will was made if no attesting witness is available; or

1.  

   (b)     if no evidence can be obtained under paragraph (a), the Court may accept —

   1.  

      (i)     evidence on affidavit in Form P9, showing that the will is in the handwriting of the deceased,

   1.  

      (ii)     evidence on affidavit of any matter which may raise a presumption in favour of due execution of the will;

and may require that notice of the application is given to a person who may be prejudiced by the will.

1.  

   (2)   Wills of blind or illiterate testator

1.  

   Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or by another person under the direction of the testator, or which for any other reason raises doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Court shall satisfy itself by evidence on affidavit that the testator had such knowledge.

1.  

   (3)   Wills of soldiers and sailors