The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

5

• (1) Except where the order giving leave to register a judgment is made on summons, no such order need be served on the judgment debtor.

• (2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that the judgment will not be enforced until after the expiration of that period.

• (3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.

[E.r. 5]

Register of judgments

6

There shall be kept in the Central Office under the direction of the Master (Queen's Bench and Appeals) a register of the judgments ordered to be registered under the Act of 1920 and a register of the judgments ordered to be registered under the Act of 1933.

[E.r. 6]

Notice of registration

7

• (1) Notice of the registration of a judgment must be served on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

• (2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11; rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.

• (3) The notice of registration must state—

• (a) full particulars of the judgment registered and the order for registration,

• (b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any summons issued by the judgment debtor may be served,

• (c) the right of the judgment debtor to apply to have the registration set aside, and

• (d) the period within which an, application to set aside the registration may be made.

[E.r. 7]

Application to set aside registration

8

• (1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.

• (2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

• (3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act of 1920 is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act or that it is not just or convenient that the judgment should be enforced in Northern Ireland or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.

[E.r. 9]

Determination of certain questions

9

If, in any case under the Act of 1933, any question arises, whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending Part I of that Act to that country.

[E.r. 11]

Rules to have effect subject to Orders in Council

10

The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act of 1933, have effect subject to any such provisions contained in the Order in Council extending Part 1 of that Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Her Majesty and that country in relation to matters with respect to which there is power to make those rules.

[E.r. 12]

Certified copy of High Court judgment

11

• (1) An application under section 10 of the Act of 1920 or section 10 of the Act of 1933 for a certified copy of a judgment entered in the High Court must be made ex parte on affidavit to a master.

• (2) An affidavit by which an application under section 10 of the Act of 1920 is made must give particulars of the judgment, show that the judgment debtor is resident in some (stating which) part of Her Majesty's dominions or other territory to which Part II of that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.

• (3) An affidavit by which an application under section 10 of the Act of 1933 is made must—

• (a) give particulars of the proceedings in which the judgment was obtained;

• (b) have annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;

• (c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;

• (d) show that the judgment is not subject to any stay of enforcement;

• (e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and

• (f) state the rate at which the judgment carries interest.

• (4) The certified copy of the judgment shall be an office copy sealed with the seal of the Supreme Court and indorsed, with a certificate signed by a master certifying that the copy is a true copy of a judgment obtained in the High Court in Northern Ireland and that it is issued in accordance with section 10 of the Act of 1920 or section 10 of the Act of 1933, as the case maybe.

• (5) Where the application is made under section 10 of the Act of 1933 there shall also be issued a certificate (signed by a master and sealed with the seal of the Supreme Court) having annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, and stating—

• (a) the manner in which the writ or such summons or other process was served on the defendant or that the defendant appeared thereto;

• (b) what objections, if any, were made to the jurisdiction,

• (c) what pleadings, if any, were served,

• (d) the grounds on which the judgment was based,

• (e) that the time for appealing has expired or, as the case may be, the date on which it will expire,

• (f) whether notice of appeal against the judgment has been entered, and

• (g) such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the judgment,

and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.

[E.r. 13]

Registration of certificates under Judgments Extension Act 1868

12

• (1) An application for registration in the High Court under section 1 of the Judgments Extension Act 1868⁷³ of a certificate of a judgment of the High Court of Justice in England, or under section 3 of that Act of a certificate of an extracted decreet of the Court of Session, may be made by producing at the Central Office a certificate in the appropriate form prescribed by that Act together with a copy thereof certified by the applicant's solicitor to be a true copy.

• (2) Such certificate must be filed in the Central Office and the certified copy thereof, sealed with the seal of the Supreme Court, shall be returned to the applicant's solicitor.

• (3) Where by virtue of the said section 1 or the said section 3 the leave of the High Court is required for the registration of a certificate of such a judgment or discreet by reason of the fact that more than 12 months have elapsed since the date of the judgment or decreet, the application for such leave may be made to a master ex parte by affidavit stating the reason for the delay and showing that enforcement of the judgment in Northern Ireland is likely to be effective.

• (4) A certificate of a judgment of the High Court which is to be registered under the Judgments Extension Act 1868 may be obtained by producing a certificate in the appropriate form at the office in which the judgment is entered, together with an affidavit made by the solicitor of the party entitled to enforce the judgment giving particulars of the judgment and stating to the best of the information or belief of the deponent the occupation or description and the usual or last known place of abode of the party entitled to enforce the judgment and of the party liable to execution on it.

[E.r. 14]

II. EUROPEAN COMMUNITY JUDGMENTS

Interpretation

13

In this Part of this Order, “the Order in Council” means the European Communities (Enforcement of Community Judgments) Order 1972⁷⁴, and expressions used in the Order in Council shall, unless the context otherwise requires, have the same meanings as in that Order.

[E.r. 15]

Functions under Order in Council exercisable by judge or master

14

The functions assigned to the High Court by the Order in Council may be exercised by a judge in chambers or a master.

[E.r. 16]

Application for registration of Community judgments, etc.

15

An application for the registration in the High Court of a Community judgment or Euratom inspection order may be made ex parte.

[E.r. 17]

Evidence in support of application

16

• (1) An application for registration must be supported by affidavit exhibiting—

• (a) the Community judgment and the order for its enforcement or, as the case may be, the Euratom inspection order or, in either case, a duly authenticated copy thereof, and

• (b) where the Community judgment or Euratom inspection order is not in the English language, a translation into English certified by a notary public or authenticated by, affidavit.

• (2) Where the application is for registration of a Community judgment under which a sum of money is payable, the affidavit shall also state—

• (a) the name and occupation and the usual or last known place of abode or business of the judgment debtor, so far as known to the deponent; and

• (b) to the best of the deponent's information and belief that at the date of the application the European Court has not suspended enforcement of the judgment and that the judgment is unsatisfied or, as the case may be, the amount in respect of which it remains unsatisfied.

[E.r. 18]

Register of judgments and orders

17

There shall be kept in the Central Office a register of the, Community judgments and Euratom inspection orders registered under the Order in Council.

[E.r. 19]

Notice of registration

18

• (1) Upon registering a Community judgment or Euratom inspection order, the proper officer of the Court shall forthwith send notice of the registration to every person against whom the judgment was given or the order was made.

• (2) The notice of registration shall have annexed to it a copy of the registered Community judgment and the order for its enforcement or, as the case may be, a copy of the Euratom inspection order, and shall state the name and address of the person on whose application the judgment or order was registered or of his solicitor or agent on whom process may be served.

• (3) Where the notice relates to a Community judgment under which a sum of money is payable, it shall also state that the judgment debtor may apply within 28 days of the date of the notice, or thereafter with the leave of the Court, for the variation or cancellation of the registration on the grounds that the judgment has been partly or wholly satisfied at the date of registration.

[E.r. 20]

Application to vary or cancel registration

19

An application for the variation or cancellation of the registration of a Community judgment on the ground that the judgment had been wholly or partly satisfied at the date of registration shall be made by summons supported by affidavit.

[E.r. 22]

Application for registration of suspension order

20

An application for the registration in the High Court of an order of the European Court that enforcement of a registered Community judgment be suspended may be made ex parte by lodging a copy of the order in the Central Office.

[E.r. 23]

Application for enforcement of Euratom inspection order

21

An application for an order under Article 6 of the Order in Council for the purpose of ensuring that effect is given to a Euratom inspection order may, in case of urgency, be made ex parte on affidavit but, except as aforesaid, shall be made by motion or summons.

[E.r. 24]

ORDER 66 — PAPER, PRINTING NOTICES, COPIES AND INSPECTION OF DOCUMENTS

[No Order made]

ORDER 67 — CHANGE OF SOLICITOR

Assignment of arbitration proceedings among Divisions of High Court

1

A cause or matter consisting of an application to the High Court under the Arbitration Act (Northern Ireland) 1937⁷⁵ or the Arbitration Act 1950⁷⁶ other than an application under section 4 of the said Act of 1937 or section 4(2) or Part II of the said Act of 1950 made in proceedings assigned to the Chancery Division, shall be assigned to the Queen's Bench Division.

[E.r. 1]

Matters for a judge in court

2

• (1) Every application to the Court—

• (a) to remit an award under section 15 of the Arbitration Act (Northern Ireland) 1937, or

• (b) to remove an arbitrator or umpire under section 27(1) of that Act, or

• (c) to set aside an award under section 27(2) thereof,

must be made by originating motion.

• (2) An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion but the foregoing provision shall not be taken as affecting the Court's power to refuse to make such a declaration in proceedings begun by motion.

[E.r. 2]

Matters for judge in chambers or master

3

• (1) Subject to the foregoing provisions of this Order and the provisions of this rule the jurisdiction of the High Court under the Arbitration Act (Northern Ireland) 1937 and Arbitration Act 1950 may be exercised by a judge in chambers or a master.

• (2) Any application to which this rule applies shall, where an application is pending, be made by summons in the action and in any other case by an originating summons for which no appearance need be entered.

[E.r. 3]

Time limits and other special provisions as to applications under the Arbitration Act (Northern Ireland) 1937

4

• (1) An application to the Court—

• (a) to remit an, award under section 15 of the Arbitration Act (Northern Ireland) 1937, or

• (b) to set aside an award under section 7(2) of that Act

must be made, and the summons must be served, within 6 weeks after the award has been made and published to the parties.

• (2) A special case stated under section 22 of the Arbitration Act (Northern Ireland) 1937 shall be heard by a judge. The decision thereon shall be deemed to be a judgment of the Court and the provisions of Order 56 shall apply thereto.

• (3) In the case of every application to which this rule applies, the notice of originating motion or, as the case may be the originating summons, must state the grounds of the application and, where the application is founded on evidence by affidavit, or is made with the consent of the arbitrator or umpire or of the other parties, a copy of every affidavit intended to be used, or as the case may be, of every consent given in writing, must be served with the notice or summons.

[E.r. 5]

Service out of the jurisdiction of summons, notice, etc.

5

• (1) Service out of the jurisdiction—

• (a) of an originating summons for the appointment of an arbitrator or umpire or for leave to enforce an award, or

• (b) of notice of an originating motion to remove an arbitrator or umpire or to remit or set aside an award, or

• (c) of any order made on such a summons or motion as aforesaid,

is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is to be, or has been held within the jurisdiction.

• (2) An application for the grant of leave under this rule must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person to be served is, or probably may be found and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.

• (3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in, paragraph (1) as they apply in relation to notice of a writ.

[E.r. 7]

Registration in High Court of foreign awards

6

Where an award is made in proceedings on an arbitration in any part of Her Majesty's dominions or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933⁷⁷ extends, being a part to which Part II of the Administration of Justice Act 1920⁷⁸ extended immediately before the said Part I was extended thereto, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 71 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications:—

• (a) for references to the country of the original court there shall be substituted references to the place where the award was made; and

• (b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

[E.r. 8]

Registration of awards under Arbitration (International Investment Disputes) Act 1966

7

• (1) In this rule and in any provision of these rules as applied by this rule—

• “the Act of 1966” means the Arbitration (International Investment Disputes) Act 1966⁷⁹;

• “award” means an award rendered pursuant to the Convention;

• “the Convention” means the Convention referred to in section 1(1) of the Act of 1966;

• “judgment creditor” and “judgment debtor” mean respectively the person seeking recognition or enforcement of an award and the other party to the award.

• (2) Subject to the provisions of this rule, the following provisions of Order 71, namely, rules 1, 3(1) (except sub-paragraphs (c) and (d) thereof) and 7 (except paragraph (3) (c) and (d) thereof), shall apply with the necessary modifications in relation to an award as they apply in relation to a judgment to which Part II of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies.

• (3) An application to have an award registered in the High Court under section 1 of the Act of 1966 shall be made by originating summons to which no appearance need be entered.

• (4) The affidavit required by Order 71, rule 3, in support of an application for registration shall—

• (a) in lieu of exhibiting the judgment or a copy thereof, exhibit a copy of the award certified pursuant to the Convention, and

• (b) in addition to stating the matters mentioned in paragraph 3(1)(c)(i) and (ii) of the said rule 3, state whether at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) pursuant to the Convention and whether any, and if so what, application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award.

• (5) There shall be kept in the Central Office a register of the awards ordered to be registered under the Act of 1966.

• (6) Where it appears to the Court on granting leave to register an award or on an application made by the judgment debtor after an award has been registered—

• (a) that the enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the Convention, or

• (b) that an application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award,

the Court shall, or, in the case referred to in sub-paragraph (b), may, stay enforcement of the award for such time as it considers appropriate in the circumstances.

• (7) An application by the judgment debtor under paragraph (6) shall be made by summons and supported by affidavit.

[E.r. 9]

Enforcement of arbitration awards

8

• (1) An application for leave under section 3(1)(c) of the Arbitration Act 1975⁸⁰ to enforce an award on an arbitration agreement in the same manner as a judgment or order may be made ex parte but the Court hearing the application may direct a summons to be issued.

• (2) If the Court directs a summons to be issued, the summons shall be an originating summons to which no appearance need, be entered.

• (3) An application for leave must be supported by affidavit—

• (a) exhibiting the documents required to be produced by section 4 of the Arbitration Act 1975;

• (b) stating the name and the usual or last known place of abode or business of the applicant (hereinafter referred to as “the creditor”) and the person against whom it is sought to enforce the award (hereinafter referred to as “the debtor”) respectively;

• (c) as the case may require either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

• (4) An order giving leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

• (5) Service of the order out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such an order as they apply in relation to notice of a writ.

• (6) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the debtor, applies within that period to set aside the order, until after the application is finally disposed of.

• (7) The copy of the order served on the debtor shall state the effect of paragraph (6).

• (8) In relation to a body corporate this rule shall have effect as if for any reference to the place of abode or business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate; so, however, that nothing in this rule shall affect any statutory provision which provides for the manner in which a document may be served on a body corporate.

[E.r. 10]

PROVISIONS AS TO FOREIGN PROCEEDINGS

[ ORDER 69 — SERVICE OF FOREIGN PROCESS

[No Order made]

ORDER 70 — OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.

Application and interpretation

1

• (1) This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order.

• (2) In this Order—

• “action in rem” means an Admiralty action in rem;

• “caveat against arrest” means a caveat entered in the caveat book under rule 6;

• “caveat against release and payment” means a caveat entered in the caveat book under rule 14;

• “caveat book” means the book kept in the Central Office in which caveats issued under this Order are entered;

• “limitation action” means an action by shipowners or other persons under the Merchant Shipping Acts 1894 to 1974 for the limitation of the amount of their liability in connection with a ship or other property;

• “marshal” means the Admiralty marshal and includes the Deputy Marshal;

• “Registrar” means the Registrar (Queen's Bench and Appeals);

• “ship” includes any description of vessel used in navigation.

[E.r. 1]

Certain actions to be assigned to Admiralty

2

• (1) Without prejudice to Order 1 or to any other statutory provision providing for the assignment of causes and matters to the Queen's Bench Division—

• (a) every action to enforce a claim for damage, loss of life or personal injury arising out of—

• (i) a collision between ships, or

• (ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships, or

• (iii) non-compliance, on the part of one or more of two or more ships with the collision regulations,

• (b) every limitation action, and

• (c) every action to enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971⁸¹ or section 4 of the Merchant Shipping Act 1974⁸²

shall be assigned to that Division.

• (2) In this rule “collision regulations” means regulations under section 418 of the Merchant Shipping Act 1894⁸³, or any such rules as are mentioned in subsection (1) of section 421 of that Act or any rules made under subsection (2) of the said section 421.

[E.r. 2]

Proceedings against, or concerning, the International Pollution Fund

2A

• (1) All proceedings against the International Oil Pollution Compensation Fund (in this rule referred to as “the Fund”) under section 4 of the Merchant Shipping Act 1974 shall be commenced in the Central Office.

• (2) For the purpose of section 6(2) of the Merchant Shipping Act 1974, any party to proceedings brought against an owner or guarantor in respect of liability under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 may give notice to the Fund of such proceedings by serving a notice in writing on the Fund together with a copy of the writ and copies of the pleadings (if any) served in the action.

• (3) The Court shall, on the application made ex parte by the Fund, grant leave to the Fund to intervene in any proceedings to which the preceding paragraph applies, whether notice of such proceedings has been served on the Fund or not, and paragraphs (3) and (4) of rule 17 shall apply to such an application.

• (4) Where judgment is given against the Fund in any proceedings under section 4 of the Merchant Shipping Act 1974, the Registrar shall cause a stamped copy of the judgment to be sent by post to the Fund.

• (5) The Fund shall notify the Registrar of the matters set out in section 4(12)(b) of the Merchant Shipping Act 1974 by a notice in writing, sent by post to, or delivered at, the Central Office.

[E.r. 2A]

Issue of writ and entry of appearance

3

• (1) An action in rem must be begun by writ, and the writ must be in Form 1 in Appendix B.

• (2) Order 6, rule 6, shall apply in relation to a writ by which an Admiralty action is begun, and Order 12 shall apply in relation to such an action.

[E.r. 3]

Service of writ out of jurisdiction

4

• (1) Subject to the following provisions of this rule, service out of the jurisdiction of a writ; or notice of a writ, containing any such claim as is mentioned in rule 2(1)(i) is permissible with the leave of the Court, if, but only if—

• (a) the defendant has his habitual place of business within Northern Ireland, or

• (b) the cause of action arose within inland waters of Northern Ireland or within the limits of a port of Northern Ireland, or

• (c) an action arising out of the same incident or series of incidents is proceeding in the High Court or has been heard and determined in the High Court, or

• (d) the defendant has submitted or agreed to submit to the jurisdiction of the High Court.

In this paragraph “inland waters” and “port” have the same meanings as in paragraph 4(1) of the First Schedule to the Administration of Justice Act 1956⁸⁴.

• (2) Order 11, rule 3 and rule 4(1), (2) and (4), shall apply in relation to an application for a grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2 of that Order.

• (3) Paragraph (1) shall not apply to an action in rem.

• (4) The proviso to rule 6(1) of Order 6 and Order 11, rule 1(2), shall not apply to a writ by which any Admiralty action is begun or to notice of any such writ.

[E.r. 4]

Warrant of arrest

5

• (1) After a writ has been issued in an action in rem a warrant in Form No. 2 in Appendix B for the arrest of the property against which the action or any counterclaim in the action is brought may, subject to the provisions of this rule, be issued at the instance of the plaintiff or, of the defendant, as the case may be.

• (2) A party applying for the issue out of the Central Office of a warrant to arrest any property shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.

• (3) A warrant of arrest shall not be issued until the party applying for it has filed a praccipe in Form No. 3 in Appendix B requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraphs (6), (7), (8) and (10) so, however, that the Court may, if it thinks fit, allow the warrant to issue notwithstanding that the affidavit does not contain all those particulars.

• (4) Except with the leave of the Court or where notice has been given under paragraph (11) a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a State having a consulate in Northern Ireland, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.

• (5) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar.

• (6) Every affidavit must state—

• (a) the name, address and occupation of the applicant for the warrant;

• (b) the nature of the claim or counterclaim in respect of which the warrant is required and that it has not been satisfied; and

• (c) the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port to which she belongs.

• (7) Every affidavit in an action in rem brought against a ship by virtue of paragraph 3(4) of the First Schedule to the Administration of Justice Act 1956 must state—

• (a) whether the ship against which the action is brought is the ship in connection with which the claim in the action arose;

• (b) that in the belief of the deponent the person who would, apart from paragraph 4 of the First Schedule to that Act, be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer, or in possession or control, of the ship in connection with which the claim arose and was also, at the time of the issue of the writ, the beneficial owner of all the shares in the ship against which the action is brought; and

• (c) the grounds of the deponent's belief.

• (8) Every affidavit in an action in rem for possession of a ship or for wages must state the nationality of the ship against which the action is brough and that the notice (if any) required by paragraph (4) has been sent.

A copy of such notice must be exhibited to the affidavit.

• (9) An affidavit in such an action as is referred to in paragraph (5) must have annexed thereto a certified copy of the bottomry bond, or of the translation thereof.

• (10) Where, by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of another State, no application shall be made for the issue of a warrant of attest in an action in rem against a ship owned by that State until notice in Form No.. 14 in Appendix B has been served on a consular officer at the consular office of that State in London or the port at which it is intended to cause the ship to be arrested.

In a case to which this paragraph applies the affidavit required by paragraph (3) shall state that the notice required by this paragraph has been served and a copy of the notice shall be exhibited to the affidavit.

[E.r. 5]

Caveat against arrest

6

• (1) A person who desires to prevent the arrest of any property must file in the Central Office a praecipe, in Form No. 4 in Appendix B, signed by him or his solicitor undertaking—

• (a) to enter an appearance in any action that may be begun against the property described in the praecipe, and

• (b) within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding an amount specified in the praecipe or to pay the amount so specified into court;

and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall he entered in the caveat book.

• (2) The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.

[E.r. 6]

Remedy where property protected by caveat is arrested

7

Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by motion for an order under this rule and, on the hearing of the application, the Court, unless it is satisfied that the party procuring the arrest of the property bad a good and sufficient reason for so doing, may by, order discharge the warrant and may also order the last-mentioned party to pay to the applicant damages, in respect of the loss suffered by the applicant as a result of the arrest.

[E.r. 7]

Service of writ in action in rem

8

• (1) Subject to paragraph (2), a writ by which an action in rem is begun must be served on the property against which the action is brought except—

• (a) where that property is freight, in which case it must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried, or

• (b) where that property has been sold and the proceeds of sale paid into court, in, which case it must be served on the Registrar.

• (2) A writ need not be served on the property mentioned in paragraph (1) or the Registrar if the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4) or (5).

• (3) Where by virtue of this rule a writ is required to be served on any property, the plaintiff may request service of the writ to be effected by the marshal if, but only if, a warrant of arrest has been issued for service against the property or the property is under arrest, and in that case the plaintiff must file in the Central Office a praecipe in form No. 5 in Appendix B and lodge—

• (a) the writ and copy thereof, and

• (b) an undertaking to pay on demand all expenses incurred by the marshal or his substitute in respect of the service of the writ,

and thereupon the marshal or his substitute shall serve the writ on the property described in the praecipe.

• (4) Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he must serve the writ forthwith on the person at whose instance the caveat was entered.

• (5) Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2), shall not apply and, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on any defendant who has entered an appearance in the action or, if no defendant has entered an appearance therein, on the property mentioned in paragraph (1) or the Registrar.

[E.r. 8]

Committal of solicitor failing to comply with undertaking

9

Where the solicitor of a party to an action in rem fails to comply with a written undertaking given by him to any other party or his solicitor to enter an appearance in the action, give bail or pay money into court in lieu of bail, he shall be liable to committal.

[E.r. 9]

Execution, etc., of warrant of arrest

10

• (1) A warrant of arrest is valid for 12 months beginning with the date of its issue.

• (2) A warrant of arrest may be executed only by the marshal or his substitute.

• (3) A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the marshal and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the marshal's office.

• (4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the marshal.

• (5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them.

• (6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued.

• (7) Within 7 days after the service of a warrant of arrest, the warrant must be filed in the Central Office.

[E.r. 10]

Service on ships, etc. : how effected

11

• (1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by—

• (a) affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship's superstructure, and

• (b) on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrants) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship.

• (2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected—

• (a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo, or

• (b) if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person.

[E.r. 11]

Applications with respect to property under arrest

12

• (1) The marshal may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or an of the parties to every action against the property.

• (2) The marshal shall send a copy of any order made under paragraph (1) to all parties to every action against the property to which the order relates.

[E.r. 12]

Release of property under arrest

13

• (1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested shall only be released under the authority of an instrument of release (in this rule referred to as a “release”), in Form No. 6 in Appendix B, issued out of the Central Office.

• (2) A party at whose instance any property was arrested may, before an appearance is entered in the action, file a notice withdrawing the warrant of arrest and, if he does so, a release shall, subject to paragraphs (3) and (5), be issued with respect to that property.

• (3) Unless the Court otherwise orders, a release shall not be issued with respect to property as to which a caveat against release is in force.

• (4) A release may be issued at the instance of a party interested in the property under arrest if the Court; so orders, or, subject to paragraph (3), if all the other parties to the action in which the warrant of arrest was issued consent.

• (5) Before a release is issued the party entitled to its issue must—

• (a) if there is a caveat against release in force as to the property in question, give notice to the party at whose instance it was entered or his solicitor requiring the caveat to be withdrawn, and

• (b) file a praecipe in Form No. 7 in Appendix B requesting issue of a release.

• (6) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the marshal, either—

• (a) pay the fees of the marshal already incurred and lodge in the marshal's office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release, or

• (b) lodge in the marshal's office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.

• (7) The Court, on the application of any party who objects to directions given to him by the marshal under paragraph (6), may vary or revoke the directions.

[E.r. 13]

Caveat against release and payment

14

• (1) A person who desires to prevent the release of any property under arrest in an action in rem and the payment out of Court of any money in court representing the proceeds of sale of that property must file in the Central Office a praecipe in Form No. 8 in Appendix B, and on the filing of the praecipe a caveat against the issue of a release with respect to that property and the payment out of court of that money shall be entered in the caveat book.

• (2) Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that property may apply to the Court by motion for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.

[E.r. 14]

Duration of caveats

15

• (1) Every caveat entered in the caveat book is valid for 6 months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form No. 9 in Appendix B.

• (2) The period of validity of a caveat may not be extended but this provision shall not be taken as preventing the entry of successive caveats.

[E.r. 15]

Bail

16

• (1) Bail on behalf of a party to an action in rem must be given by bond in Form No. 10 in Appendix B; and the sureties to the bond must enter into the bond before a commissioner to administer oaths, not being a commissioner who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given, or before the Registrar.

• (2) Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.

• (3) Where a corporation is a surety to a bail bond given on behalf of a party, no affidavit shall be made under paragraph (2) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it must be made by a director, manager, secretary or other similar officer of the corporation.

• (4) The party on whose behalf bail is given must serve on the Opposite party a notice of bail containing the names and addresses of the persons who have given bail on his behalf and of the commissioner or Registrar before whom the bail bond was entered into; and after the expiration of 24 hours from the service of the notice (or sooner with the consent of the opposite party) he may file the bond and must at the same time file the affidavits (if any) made under paragraph (2) and an affidavit proving due service of the notice of bail to which a copy of that notice must be exhibited.

[E.r. 16]

Interveners

17

• (1) Where property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is in court, a person who has an interest in that property or money but who is not a defendant to the action may, with the leave of the Court, intervene in the action.

• (2) An application for the grant of leave under this rule must be made ex parte by affidavit showing the interest of the applicant in the property against which the action is brought or in the money in court.

• (3) A person to whom leave is granted to intervene in an action must enter an appearance therein in the Central Office within the period specified in the order granting leave; and Order 12, rules 1 to 4, shall, with the necessary modifications, apply in relation to the entry of appearance by an intervener as if he were a defendant named in the writ.

• (4) The Court may order that a person to whom it grants leave to intervene in an action shall, within such period as may be specified in the order, serve on every other party to the action such pleading as may be so specified.

[E.r. 17]

Preliminary acts

18

• (1) In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, unless the Court otherwise orders, the plaintiff must, within 2 months after issue of the writ, and the defendant must, within 2 months after entering an appearance in the action, and before any pleading is served, lodge in the Central Office a document (in these rules referred to as a preliminary act) containing a statement of the following particulars :—

• (i) the names of the ships which came into collision and their ports, of registry;

• (ii) the date and time of the collision;

• (iii) the place of the collision;

• (iv) the direction and force of the wind;

• (v) the state of the weather;

• (vi) the state, direction and force of the tidal or other current;

• (vii) the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with, reference to her presence, whichever was the. earlier;

• (viii) the lights (if any) carried by the ship;

• (ix)

• (a) the distance and bearing of the other ship if and when her echo was first observed by radar;

• (b) the distance, bearing and approximate heading of the other ship when first seen;

• (x) what light or combination of lights (if any) of the other ship was first seen;

• (xi) what other lights or combinations of lights (if any) of the other ship were subsequently seen before the collision, and when;

• (xii) what alterations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in article (vii) up to the time of the collision, and, when, and what measures (if any), other than alterations of course and speed, were taken to avoid the collision, and when;

• (xiii) the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;

• (xiv) what sound signals (if any) were given, and when;

• (xv) what sound signals (if any) were heard from the other ship, and when.

• (2) Every preliminary act shall be sealed by the proper officer and shall be filed in a closed envelope (stamped with an official stamp showing the date of filing) and, unless the Court otherwise orders, no envelope shall be opened until the pleadings are closed and a consent signed by each of the parties or his solicitor to the opening of the preliminary acts is filed with the proper officer.

• (3) Where the Court orders the preliminary acts to be opened, the Court may further order the action to be tried without pleadings but, where the Court orders the action to be so tried, any party who intends to rely on the defence of compulsory pilotage must give notice of his intention to do so to the other parties within 7 days after the opening of the preliminary acts.

• (4) Where the Court orders the action to be tried without pleadings, it may also order each party, within such period as may be specified in the order, to file a statement of the grounds on which he charges any other party with negligence in connection with the collision and to serve a copy thereof on that other party.

• (5) Order 18, rule 1, shall not apply to an action in which preliminary acts are required but, unless the Court orders the action to be tried without pleadings, the plaintiff must serve a statement of claim on each defendant within 14 days after the latest date on which the preliminary act of any party to the action is filed.

[E.r. 18]

Failure to lodge preliminary act: proceedings against party in default

19

• (1) Where in such an action as is referred to in rule 18(1) the plaintiff fails to lodge a preliminary act within the prescribed period, any defendant who has lodged such an act may apply to the Court by summons for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.

• (2) Where in such an action, being an action in personam, a defendant fails to lodge a preliminary act within the prescribed period, Order 19, rules 2 and 3, shall apply as if the defendant's failure to lodge the preliminary act within that period were a failure by him to serve a defence on the plaintiff within the period fixed by or under these rules for service thereof, and the plaintiff, if he has lodge a preliminary act may, subject to Order 77, rule 9, accordingly enter judgment against that defendant in accordance with the said rule 2 or the said rule 3, as the circumstances of the case require.

• (3) Where in such an action, being an action in rem, a defendant fails to lodge a preliminary act within the prescribed period, the plaintiff, if he has lodged such an act, may apply to the Court by motion for judgment against that defendant, and it shall not be necessary for the plaintiff to file or serve a statement of claim or an affidavit before the hearing of the motion.

• (4) On the hearing of a motion under paragraph (3) the Court may make such order as it thinks just, and where the defendant does not appear on the hearing and the Court is of opinion that judgment should be given for the plaintiff provided he proves his case, it shall order the plaintiff's preliminary act to be opened and require the plaintiff to satisfy the Court that his claim is well founded.

The plaintiff's evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

• (5) Where the plaintiff in accordance with a requirement under paragraph (4) satisfies the Court that his claim is well founded, the Court may give judgment for the claim with or without a reference to the Registrar and may at the same time order the property against which the action is brought to be appraised and sold and the proceeds to be paid into court or make such an order as it thinks just.

• (6) The Court may, on such terms as it thinks just, set aside any judgment entered in pursuance of this rule.

• (7) In this rule references to the prescribed period shall be construed as references to the period within which by virtue of rule 18(1) or of any order of the Court the plaintiff or defendant, as the context of the reference requires, is required to lodge a preliminary act.

[E.r. 19]

Special provisions as to pleadings in collision, etc. actions

20

• (1) Notwithstanding anything in Order 18, rule 3, the plaintiff in any such action as is referred to in rule 2(1)(a) may not serve a reply or a defence to counterclaim on the defendant except with the leave of the Court.

• (2) If in such an action there is a counterclaim and no defence to counterclaim by the plaintiff, then, notwithstanding Order 18, rule 14(3), but without prejudice to the other provisions of that rule, there is an implied joinder of issue on the counterclaim, and the joinder of issue operates as a denial of every material allegation of fact made in the counterclaim.

[E.r. 20]

Judgment by default

21

• (1) Where a writ is served under rule 8(4) on a party at whose instance a caveat against arrest was issued, then if—

• (a) the sum claimed in the action begun by the writ does not exceed the amount specified in the undertaking given by that party or his solicitor to procure the entry of the caveat, and

• (b) that party or his solicitor does not within 14 days after service of the writ fulfil the undertaking given by him as aforesaid,

the plaintiff may, after filing an affidavit verifying the facts on which the action "is based, apply to the Court for judgment by default.

• (2) Judgment given under paragraph (1) may be enforced by the arrest of the property against which the action was brought and by committal of the party at whose instance the caveat with respect to that property was entered.

• (3) Where a defendant to an action in rem fails to enter an appearance within the time limited for appearing, then, on the expiration of 14 days after service of the writ and upon filing an affidavit proving due service of the writ, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.

Where the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4) or was served on the Registrar under rule 8 of this Order, an affidavit proving due service of the writ need not be filed under this paragraph, but the writ indorsed as mentioned in the said rule 1(4) or indorsed by the Registrar with a statement that he accepts service of the writ must be lodged with the affidavit verifying the facts on which the action is based.

• (4) Where a defendant to an action in rem fails to serve a defence on the plaintiff, then, after the expiration of the period fixed by or under these Rules for service of the defence and upon filing an affidavit stating that no defence was served on him by that defendant during that period, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.

• (5) Where a defendant to a counterclaim in an action in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (6), after the expiration of the period fixed by or under these Rules for service of the defence to counterclaim and upon filing an affidavit stating that no defence to counterclaim was served on him by the first-mentioned defendant during that period; an affidavit verifying the facts on which the counterclaim is based and a copy of the counterclaim, the defendant making the counterclaim may apply to the Court for judgment by default.

• (6) No application may be made under paragraph (5) against the plaintiff in any such action as is referred to in rule 2(1)(a).

• (7) An application to the Court under this rule must be made by motion and if, on the hearing of the motion, the Court is satisfied that the applicant's claim is well founded it may give judgment for the claim with or without a reference to the Registrar and may at the same time order the property against which the action or; as the case may be, counterclaim is brought to be appraised and sold and the proceeds to be put into court or may make such other order as it thinks just.

• (8) In default actions in rem evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

• (9) The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.

• (10) Order 13 and Order 19 (except rule 1) shall not apply to actions in rem.

[E.r. 21]

Order for sale of ship: determination of priority of claims

22

• (1) Where in an action in rem against a ship the Court has ordered the ship to be sold, any party who has obtained or obtains judgment against the ship or proceeds of sale of the ship may—

• (a) in a case where the order for sale contains the further order referred to in paragraph (2), after the expiration of the period specified in the order under paragraph (2)(a), or

• (b) in any other case, after obtaining judgment,

apply to the Court by motion for an order determining the order of priority of the claims against the proceeds of sale of the ship.

• (2) Where in an action in rem against a ship the Court orders the ship to be sold, it may further order—

• (a) that the order of priority of the claims against the proceeds of sale of the ship shall not be determined until after the expiration of 90 days, or of such other period as the Court may specify, beginning with the day on which the proceeds of sale are paid into court;

• (b) that any party to the action or to any other action in rem against the ship or the proceeds of sale thereof may apply to the Court in the action to which he is a party to end the period specified in the order;

• (c) that within 7 days after the date of payment into court of the proceeds of sale the marsal shall send for publication in Lloyd's List and Shipping Gazette and such other newspaper, if any, as the Court may direct, a notice complying with paragraph (3).

• (3) The notice referred to in paragraph (2)(c) must state—

• (a) that the ship (naming her) has peen sold by order or the High Court in an action in rem, identifying the action;

• (b) that the gross proceeds of the sale, specifying the amount thereof, have been paid into court;

• (c) that the order of priority of the claims against the said proceeds will not be determined until after the expiration of the period (specifying it) specified in the order for sale; and

• (d) that any person with a claim against the ship or the proceeds of sale thereof, on which he intends to proceed to judgment should do so before the expiration of that period.

• (4) The marshal must lodge in the Central Office a copy of each newspaper in which the notice referred to in paragraph (2)(c) appeared.

• (5) The expenses incurred by the marshal in complying with an order of the Court under this rule shall be included in his expenses relating to the sale of the ship.

• (6) An application to the Court to extend the period referred to in paragraph (2)(a) must be made by motion, and a copy of the notice of motion must, at least 3 days before the day fixed for the hearing thereof, be served on each party who has begun an action in rem against the ship or the proceeds of sale thereof.

• (7) In this rule “the Court” means the judge in person.

[E.r. 22]

Appraisement and sale of property

23

• (1) A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it has filed a praecipe in Form No. 11 in Appendix B.

• (2) Such a commission must, unless the Court otherwise orders, be executed by the marshal and must be in Form No. 12 in Appendix B.

• (3) A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the marshal to pay the fees and expenses of the marshal on demand has been lodged in the marshal's office.

• (4) The marshall shall pay into court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into court the account relating to the sale (with vouchers in support) for taxation.

• (5) On the taxation of the marshal's account relating to a sale any person interested in the proceeds of the sale shall be entitled to be heard, and any decision of the Registrar made on the taxation to which objection is taken may be reviewed in the same manner and by the same persons as any decision made in taxation proceedings under Order 62, and rules 35 to 37 of that Order shall apply accordingly with the necessary modifications.

[E.r. 23]

Undertakings as to expenses, etc.

23A

• (1) Every undertaking under rule 8(3), 10(3); 13(7) or 23(3) shall be given in writing to the satisfaction of the marshal.

• (2) Where a party is required by rule 8(3), 10(3), 13(7) or 23(3) to give to the marshal an undertaking to pay any fees or expenses, the marshal may accept instead of an undertaking the deposit with him of such sum as he considers reasonable to meet those fees and expenses.

• (3) The Court may on the application of any party who is dissatisfied with a direction or determination of the marshal under rule 13(7) of this rule, vary or revoke the direction or determination.

[E.r. 23A]

Payment into and out of court

24

• (1) Order 22 (except rules 3, 4, S and 11) shall apply in relation to an Admiralty action as it applies to an action for a debt or damages.

• (2) Subject to paragraphs (3) and (4) money paid into court shall not be paid out except in pursuance of an order of the judge in person.

• (3) The Registrar may, with the consent of the parties interested in money paid into court, order the money to be paid out to the person entitled thereto in the following cases, that is to say—

• (a) where a claim has been referred to the Registrar for decision and all the parties to the reference have agreed to accept the Registrar's decision and to the payment out of any money in court in accordance with that decision;

• (b) where property has been sold and the proceeds of sale thereof paid into court, and the parties are agreed as to the persons to whom the proceeds shall be paid and the amount to be paid to each of the persons;

• (c) where in any other case there is no dispute between the parties.

• (4) Where in an Admiralty action money has been paid into court pursuant to an order made under Order 29, rule 12, the Registrar may make an order under paragraph (3) of that rule for the money to be paid out to the person entitled thereto.

[E.r. 24]

Summons for directions

25

• (1) The time and place and mode of trial of an Admiralty action shall be settled by the judge on the hearing of a summons and such summons shall be served on the plaintiff within one month after the pleadings in the action are deemed to be closed, and in case the plaintiff shall not serve such summons within the time aforesaid, then any other party in the action may serve such summons, and on the hearing of such summons any party may apply for discovery including interrogatories, commissions for and examination of witnesses. Such summons shall not be necessary ii a consent be filed in the registry whereby the parties agree on the time, place and mode of trial.

• (2) Unless a judge in person otherwise directs, the summons shall be heard by a judge in person.

• (3) An order made on the summons shall determine whether the trial is to be without assessors or with one or more assessors.

[E.r. 25]

Fixing date for trial, etc.

26

• (1) The Court may at any stage of an action, either on an application made by summons by any party or by order made by virtue of rule 34, fix a date for the trial and vacate or alter any such date.

• (2) Not later than 7 days after a date for the trial of the action has been fixed, the action must be set down for trial—

• (a) where the date was fixed on an application made under paragraph (1), by the applicant;

• (b) where the date was fixed by order made by virtue of rule 34, by the plaintiff.

Where the applicant or plaintiff does not, within the period fixed by this paragraph, set the action down for trial, any other party may set it down or an application may be made to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such other order as it thinks just.

• (3) Not less than 7 days before the date fixed for the trial, or such other period before that date as may be specified in general directions given by the Lord Chief Justice the party by whom the action was set down for trial must, unless the Court otherwise orders, file in the registry—

• (a) if trial with one or more assessors has been ordered, a praecipe for his or their attendance, and

• (b) three copies or, in the case of a trial with one or more assessors, four copies (if with one assessor) and five copies (if with two) of any pleadings, preliminary acts, notices given under rule 18(3) and statements filed under rule 18(4).

• (4) If an action which has been set down for trial is settled or withdrawn it shall be the duty of all the parties to notify the Central Office of the fact without delay and take such steps as may be necessary to vacate the date fixed for the trial.

• (5) Order 21, rule 2(4), Order 33, rule 4, and Order 34 (except rule 9) shall not apply to Admiralty actions.

[E.r. 26]

Stay of proceedings in collision, etc. actions until security given

27

Where an action in rem, being an action to enforce any such claim as is referred to in rule 2(1)(a), is begun and a cross action in rem arising out of the same collision or other occurrence as the first mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first mentioned action, then—

• (a) if the ship in respect of or against which the first mentioned action is brought has been arrested or security given to prevent her arrest, but

• (b) the ship in respect of or against which the cross action is brought or the counterclaim made cannot be arrested and security has not been given to satisfy any judgment given in favour of the party bringing the cross action or making the counterclaim,

the Court may stay proceedings in the first mentioned action until security is given to satisfy any judgment given in favour of that party.

[E.r. 27]

Inspection of ship, etc.

28

Without prejudice to its powers under Order 29, rules 2 and 4, and Order 35, rule 5, the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assesors), or by any party or witness, of any ship or other property, whether real or personal, the inspection of which may be necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the action.

[E.r. 28]

Examination of witnesses and other persons

29

• (1) The court may make an order authorising the examination of a witness or person on oath before a judge sitting-in court as if for the trial bf the cause or matter, without that cause or matter having been set down for trial or called on for trial.

• (2) The power conferred by paragraph (1) shall also extend to the making of an order, with the consent of the parties, providing for the evidence of a witness being taken as if before an examiner, but without an examiner actually being appointed or being present.

• (3) Where an order is made under paragraph (2), it may make provision for any consequential matters and, subject to any provision so made, the following provisions shall have effect—

• (a) the party whose witness is to be examined shall provide a shorthand writer to take down the evidence of the witness;

• (b) any representative, being counsel or solicitor, of either of the parties shall have authority to administer the oath to the witness;

• (c) the shorthand writer need not himself be sworn but shall certify in writing as correct a transcript of his notes of the evidence and deliver it to the solicitor for the party whose witness was examined, and that solicitor must file it in the registry;

• (d) unless the parties otherwise agree or the Court otherwise orders, the transcript or a copy thereof shall, before the transcript is filed, be made available to the counsel or other persons who acted as advocates at the examination, and if any of those persons is of opinion that the transcript does not accurately represent the evidence he shall make a certificate specifying the corrections which in his opinion should be made therein, and that certificate must be filed with the transcript.

• (4) In actions in which preliminary acts fall to be filed under rule 18, an order shall not be made under paragraph (1) authorising any examination of a witness before the preliminary acts have been filed, unless for special reasons the Court thinks fit so to direct.

• (5) The Lord Chief Justice may appoint such number of barristers or solicitors as he thinks fit to act as examiners of the Court in connection with Admiralty causes and matters, and may revoke any such appointment.

[E.r. 30]

Trial as an Admiralty short cause

30

• (1) Where any defendant has entered an appearance in an Admiralty action, the plaintiff or that defendant may, within 7 days after the entry of the appearance, apply by summons, returnable before the Registrar, for an order that the action be tried as an Admiralty short cause.

• (2) The summons shall be served on every other party to the action not less than 7 days before the hearing.

• (3) On the hearing of the application the Registrar may, if he decides to make an order under paragraph (1)—

• (a) exercise any power which could be exercised under Order 18, rule 21 or Order 75, rule 18(4), on an application for the trial of the action without pleadings or further pleadings,

• (b) abridge the period within which a person is required or authorised by these rules to do any act in the proceedings and fix the period within which any notice under Order 38, rule 19, must be served,

• (c) in the case of such an action as is referred to in rule 18(1), fix the time within which, notwithstanding the provisions of that rule, preliminary acts are to be lodged;

• (d) require the parties to the action to make mutual discovery of documents notwithstanding that the action is ordered to be tried without pleadings,

• (e) if the parties so agree, order that the evidence in support of their respective cases may he given in whole or in part by the production of documents or entries in books,

• (f) give such directions as could be given on a summons for directions in the action; and