MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
A small claim is where the sum claimed or matter in dispute does not exceed MUR100,000. Several statutes also make provision for the setting-up of tribunals or commissions to deal with specialised areas of law. The provisions of the statutes can pro- vide for a right of appeal or judicial review before the Supreme Court. The Court of Civil Appeal and the Court of Criminal Appeal, which consist of at least two judges, hear appeals from a decision of a Supreme Court judge in the exercise of the latter’s original civil or criminal jurisdiction (as appropriate). Appeals from a decision delivered by two or more judges can only be heard by the Judicial Committee Court proceedings, their records and judgments are generally public. Certain proceedings are held in pri- vate, such as those before judges in chambers and, where the court so orders, applications under the Supreme Court (International Arbitration Claims) Rules 2013. Section 161A of the Courts Act empowers a judge or magistrate, where they consider it necessary or expedient, to exclude from proceedings (except the announcement of the decision) any person other than the parties to the trial and their legal representatives: • in circumstances where publicity would prejudice the interests of justice or of public morality; • in order to safeguard the welfare of persons under the age of 18; • in order to protect the privacy of persons con- cerned in the proceedings; or • in the interests of defence, public safety or public order. 1.4 Legal Representation in Court A legal representative must be qualified as a barrister or attorney under the Law Practitioners Act. Barristers have unlimited rights of audience, whereas attorneys have rights of audience before the district courts and a judge in chambers, and have a right of audience in formal matters before the master’s court and the Bankruptcy Division of the Supreme Court. In specific of the Privy Council sitting in London. 1.3 Court Filings and Proceedings
cases, where the special nature or circumstances of proceedings before the Supreme Court so require, a foreign barrister may have a right of audience before the Supreme Court, subject to obtaining permission from the chief justice. 2. Litigation Funding 2.1 Third-Party Litigation Funding Mauritian law is silent on third-party funding and there is no applicable restriction on such funding. 2.2 Third-Party Funding: Lawsuits This is not applicable in Mauritius. 2.3 Third-Party Funding for Plaintiff and Defendant This is not applicable in Mauritius. 2.4 Minimum and Maximum Amounts of Third-Party Funding This is not applicable in Mauritius. 2.5 Types of Costs Considered Under Third- Party Funding This is not applicable in Mauritius. 2.6 Contingency Fees Contingency fees are permitted for both barristers and attorneys. In the case of attorneys, their code of ethics provides that contingency fees must be reasonable and the practice is for these to be 10% of the amount recovered. In the case of barristers, this cap of 10% is formally recorded in their code of ethics. 2.7 Time Limit for Obtaining Third-Party Funding This is not applicable in Mauritius.
3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
Depending on the facts of the case, a plaintiff may cause a legal notice (commonly known as a Mise- en-Demeure ) to be served on the defaulting/opposing party, prior to initiating a legal action. This is an extra-
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