GRENADA Law and Practice Contributed by: Linda Dolland, Seon & Associates
7.2 Standing Requirements In order to bring or participate in a class action, there must be sufficient and similar interest in the proceed- ings. The test is whether the persons have a “com- mon interest and a common grievance” and that the relief sought is “in its nature beneficial to all whom the claimant proposes to represent.” 7.3 Relief No information has been provided concerning the types of relief available in class actions in this juris- diction. 7.4 Class Actions, Mass Claims and Arbitration Class arbitration is rare in Grenada, and generally tends to be with respect to employment-related arbi- tration, and pursuant to the Employment Act and Labour Relations Act, the representative claimant can show that all class members are bound by the same arbitration provisions, like under a trade union collec- tive agreement. 7.5 Trends Mass claims remain rare in Grenada, with the princi- pal area of incremental development being pension litigation, where individual constitutional challenges have produced class-wide effects on entitlements for public officers. Another potential area of class action/ mass claims is environmental claims. Though the claims which have been brought in Grenada thus far are rooted in administrative/constitutional law, there is the potential for class-action suits in these areas to develop based on the favourable decisions which have been issued. There is also the potential for con- sumer-related class actions due to the relatively recent introduction of the Consumer Protection Act.
erally given at the case management conference of a case. Specific disclosure may be ordered where the court considers it necessary to dispose of the claim fairly or save costs. A party may apply for specific disclosure at a case management conference. 8.2 Privilege Disclosure may be withheld on the basis of privilege, which may fall into the categories of: • legal privilege (ie, communications between attor- ney and client); • documents or communications prepared for pur- poses of contemplated litigation; • “without prejudice” communications in the course of negotiation to settle a dispute; and • public-interest immunity. Privilege may be waived expressly by the party who may assert privilege over it. Documents which are inadvertently disclosed or inspected may only be used with the permission of the court or the agreement of Based on the type or nature of the document or infor- mation to be disclosed (eg, information about minors, medical, banking or tax information), the court may order limited disclosure, redactions, or confidentiality rings, though confidentiality alone is not a basis on which to withhold evidence from disclosure. 8.4 Witness Evidence Evidence in chief is given either by way of affidavit or written witness statements, and witnesses are subject to oral cross-examination. Witnesses may also orally amplify their evidence at a hearing or trial. While the Civil Procedure Rules provide mechanisms for the deposition of witnesses, this mechanism is not utilised Expert evidence is allowed in Grenada, with the per- mission of and appointment by the court. Expert evidence must be restricted to what is reasonably required to resolve the proceedings justly, with an overriding duty to the court to impartially help on mat- ters of the expert’s expertise. the disclosing party. 8.3 Confidentiality in practice in Grenada. 8.5 Expert Evidence
8. Evidence 8.1 Disclosure
There is a duty of disclosure in litigation proceedings, which is governed by Part 28 of the Civil Procedure Rules 2023. Standard disclosure requires reasonable and proportionate search for and disclosure of all doc- uments which are directly relevant to the matters in question. Directions for standard disclosure are gen-
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