St. Lucia - Enforcement of Money Judgments
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGEMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The St. Lucian Government has shown itself to be very receptive towards the enforcement of foreign judgments. As regards the enforcement of foreign money judgments the same applies. Having said that, one must note that one will be unable to enforce a foreign money judgment where the sum of money payable is due in respect of taxes or charges of a similar nature or in respect of a fine or other penalty. [Part 1 s3 (2)(b) Enforcement of Judgments Act (amended by act 14 of 1991).
Nevertheless, it must be said that this attitude of receptiveness in every case will be dependent on the foreign government’s willingness to reciprocate. Accordingly, Part 2, Section 11 of the aforementioned act unequivocally gives the Governor General the power to make foreign judgments unenforceable in Saint Lucia if there is no reciprocity.1 It states that:
11 (1) If it appears to the Governor that the treatment in respect of recognition and enforcement accorded by the Courts of any foreign county to judgments given in the superior courts of St. Lucia is substantially less favourable than that accorded by the courts of Saint Lucia to the judgments of the superior courts in that country, the Governor may by order apply this section to that country.
It goes on to state further in 11(2) that, ‘Except in so far as the Governor may by order under this section otherwise direct, proceedings shall not be entertained in any court in St. Lucia for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.’