Practice Directions
348-99
5 November 1999
Admiralty Court - Amendments to Admiralty Practice Directions
Various amendments to the Admiralty Practice Direction are due to come into force on the 10th November and the 13th December. A table of the amendments is available both from my Clerk and from the Admiralty and Commercial Court Registry.
The most significant of the changes is the liberty to search for unserved in rem claim forms: 2.8.
The complete set of Admiralty forms is now included in the three volume set of Civil Procedure Rules.
Further amendments to make provision for the adaptation of Part 36 to offers in collision actions and for the release of vessels after office hours are under active consideration, as are revisions to the form for acknowledgement of service and the response pack.
I welcome suggestions for the improvement of the Practice Direction from any source. They may be sent direct to me.
Ends
5th November 1999
| Date | ||
|---|---|---|
|
Add 2.8 |
"A person who pays the prescribed fee, may, during office hours, search for, inspect and take a copy of any claim form in rem whether or not it has been served". | 10th Nov |
| 3.1 (2) | Add; (after 1995) Add at end " on an application in accordance with RSC Ord II rule 4 (Schedule 1 to the CPR)". | 13th Dec |
| Add 4.2 (3) | "A Preliminary Act is a statement of case and must therefore be verified by a statement of truth" | 10th Nov |
| 4.2 (4) | Delete "in accordance with Admiratly Court practice directions". | 10th Nov |
|
4.4 |
Add "and the court grants permission on an application in accordance with RSC Ord. 11 rule 4 (Schedule 1 to CPR). If permission is granted the court will specify the period within which the Defendant may file an acknowledgement of service and a preliminary act . RSC Order 11, rule 4(4) does not apply". | 13th Dec |
| 6 2 (4) (c) | Change 6. 2(6) to 6. 2(8) see below | 10th Nov |
| Add 6.2(8) | "Except with the permission of the court or when notice has been given under paragraph (7), a warrant of arrest shall not be issued in proceedings in rem against a foreign ship belonging to a port of a state in respect of which an order in council has been made under Section 4 of the Consular Relations Act, 1968, until the expiration of two weeks from appropriate notice to the consul". | 10th Nov |
| Add 6.2(9) | "A warrant of arrest is valid for 12 months but may only be executed if the claim form for has been served or remains valid for service at the date of execution". | 10th Nov |
| 9.1 (6) | "and the court grants permission on an application in accordance with RSC Order 11, rule 4 (Schedule 1 to the CPR)" | 13th Dec |
| 10(4) | Should be Form No. Adm 22 Reduce 75 to 28 days. | 10th Nov |