Part 59 – Proceedings by and against the Crown

Scope of this Part

59.1

1. This Part deals with claims to which the Crown or the State is a party.
2. In this Part –
   • Act” means in –
     1. Anguilla – the Crown Proceedings Ordinance (Cap. 22);
     2. Antigua and Barbuda – the Crown Proceedings Act (Cap. 121);
     3. Dominica – the State Proceedings Act (Cap. 7.80);
     4. Grenada – the Crown Proceedings Act (Cap. 74);
     5. Montserrat – the Crown Proceedings Ordinance (Cap. 22);
     6. Saint Christopher and Nevis – the Crown Proceedings Act (Cap.22);
     7. Saint Lucia – the Crown Proceedings Ad (Cap. 13);
     8. Saint Vincent and the Grenadines – the Crown Proceedings Act (Cap. 85); and
     9. the British Virgin Islands – the Crown Proceedings Ordinance (Cap 21);
        • “Crown” means, for the purpose of Dominica, the State; and
        • Dominica” means the Commonwealth of Dominica.
3. References in these Rules to a claim for possession of land are to be construed as including references to a claim against the Crown for an order declaring that the claimant is entitled as against the Crown to the land or to possession of the land.

Service of claim form

59.2

1. Part 5 (service of claim form) and Part 6 (service of other documents) do not apply in civil proceedings against the Crown.
2. Service of any document including a claim form on the Crown must be effected in accordance with the relevant Act.

Claimant’s duty to give particulars

59.3

1. If a claim is made against the Crown, the claim form or statement of claim must contain reasonable information as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the government department and officers of the Crown involved.
2. At any time during the period for entering an acknowledgment of service under rule 9.3(1) the defendant may request information under Part 34.1.
3. The defendant’s time for filing an acknowledgment of service is then extended until 7 days after the –
   1. court on the application of the claimant decides that no further information is reasonably required; or
   2. defendant gives notice in writing to the claimant that it is satisfied with the information supplied; whichever first occurs.
4. The defendant’s time for filing a defence is extended to 21 days after the earlier event in paragraph (3). 

Applications in certain revenue matters

59.4

1. This rule applies to applications under section 11 of the Acts of Dominica and Grenada and section 12 of the Act of Saint Vincent and the Grenadines only.
2. An application must be made by fixed date claim in Form 2.
3. The person from whom an account or information is claimed or by whom any books are required to be produced must be made defendant to the claim.
4. The claim form or the statement of claim must —
   1. refer to the enactment under which the account or information or payment or the production of books is claimed; and
   2. where information is claimed must show (by appropriate ques­tions or otherwise) what information is required.
5. An affidavit by a duly authorised officer of the government department concerned setting out the facts on which the application is based and stating the deponent’s belief in such facts is evidence of the facts so set out.
6. If the defendant files evidence disputing any fact the Crown may file further evidence.
7. The court may order that the deponents or any of them attend to be cross-examined.
8. The court may –
   1. decide the matter upon the affidavit evidence after any cross-examination that may be ordered; or
   2. direct that it be decided by oral evidence in court.
9. If the court makes an order in favour of the Crown, it must specify a date by which the defendant is to comply with each of the terms of the order.
   • Rules 8.1(5) and 27.2 deal with the procedure relating to fixed date claims.

Proceedings relating to postal packets

59.5

1. This rule deals with applications under the Act for leave to bring a claim in the name of a sender or addressee of a postal packet or that person’s personal representative.
2. An application must be by fixed date claim in Form 2.
3. The defendants to the claim must be the Attorney General and the person in whose name the applicant seeks to bring the claim.
4. No acknowledgment of service need be entered to the claim.
   • Rules 8.1(5) and 27.2 deal with the procedure relating to fixed date claims.

Applications under s.24(2) or s.25(2) of the Act

59.6

1. An application under s.24 (2) of the Act of Saint Lucia or s.25 (2) of the Acts relating to other Member States and Territories may be made in accordance with Part 11.

Enforcement against Crown

59.7

1. Parts 44 to 53 do not apply to any order against, or money due or accruing due, or alleged to be due or accruing due from the Crown.
2. Any application under the Act for a direction that a separate certificate be issued with respect to costs (if any) ordered to be paid to the applicant may be made without notice.
3. Every application for an order under the Act restraining any person from receiving money payable to that person by the Crown and directing payment to the applicant or some other person must be served on the Crown at least 14 days before the date of hearing and, unless the court otherwise orders, on the person to be restrained.
4. Every application under paragraph (3) must be supported by evidence on affidavit –
   1. identifying the particular debt from the Crown in respect of which it is made; and
   2. of the facts giving rise to it.