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

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions

33

(1) An application for registration in the High Court of a certificate in respect of any money provisions contained in a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies may be made by producing at the Central Office, within six months from the date of its issue, a certificate in the appropriate form prescribed under that Act together with a copy thereof certified by the applicant’s solicitor to be a true copy.

(2) A certificate under paragraph (1) must be filed in the Central Office and the certified copy thereof, sealed by an officer of the office in which the certificate is filed, shall be returned to the applicant’s solicitor.

(3) A certificate in respect of any money provisions contained in a judgment of the High Court to which section 18 of the Act of 1982 applies may be obtained by producing the form of certificate prescribed in form 64 at the office in which the judgment is entered, together with an affidavit made by the party entitled to enforce the judgment—

(a) giving particulars of the judgment, stating the sum or aggregate of the sums (including any costs or expenses) payable and unsatisfied under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

(b) verifying that the time for appealing against the judgment has expired, or that any appeal brought has been finally disposed of and that enforcement of the judgment is not stayed or suspended; and

(c) stating to the best of the information or belief of the deponent the usual or last known address of the party entitled to enforce the judgment and of the party against whom the judgment is enforceable.

Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions

34

(1) An application for registration in the High Court of a judgment which contains non-money provisions, being a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies, may be made ex parte, but the court hearing the application may direct the issue of a summons to which paragraphs (2) and (3) of rule 2 shall apply.

(2) An application under paragraph (1) must be accompanied by a certified copy of the judgment issued under Schedule 7 to the Act of 1982 and a certificate which complies with the requirements of paragraphs 3 and 4 of that Schedule issued not more than six months before the date of application.

(3) Rules 27 and 29 of this Order shall apply to judgments registered under Schedule 7 to the Act of 1982 as they apply to judgments registered under section 4 of that Act.

(4) Paragraphs (1) and (2) of rule 8 shall apply to applications to set aside registration of a judgment under Schedule 7 to the Act of 1982 as they apply to judgments registered under the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933.

(5) A certified copy of a judgment of the High Court to which section 18 of the Act of 1982 applies and which contains any non-money provision may be obtained by an ex parte application on affidavit to the Court.

(6) The requirements in paragraph (3) of rule 33 shall apply with the necessary modifications to an affidavit made in application under paragraph (5) of this rule.

(7) A certified copy of a judgment shall be an office copy sealed with the seal of the Court of Judicature to which shall be annexed a certificate in Form 65.

Register of United Kingdom judgments

35

There shall be kept in the Central Office under the direction of the Master (Queen’s Bench and Appeals) a register of the certificates in respect of judgments and of the judgments ordered to be registered in the Central Office under Schedule 6, as the case may be, Schedule 7 to the Act.

IIIA RECIPROCAL ENFORCEMENT OF JUDGMENTS: THE JUDGMENTS REGULATION

Application and interpretation

35A

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Assignment of business and exercise of powers

35B

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Applications under the Judgments Regulation

35C

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Appeals

35D

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Enforcement of High Court judgments in other Member States

35E

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Authentic instruments and court settlements

35F

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References under the Civil Jurisdiction and Judgments Order 2001

35G

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IV. EUROPEAN ORDER FOR PAYMENT PROCEDURE

Application and interpretation

36

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Translations

37

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Assignment of business and exercise of powers

38

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Application for a European Order for Payment

39

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Withdrawal of EOP application

40

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Transfer of proceedings where an EOP application has been opposed

41

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Defence

42

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Review in exceptional cases

43

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Register of European Orders for Payment

44

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V. MEDIATION DIRECTIVE

Application and interpretation

45

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Assignment of business and exercise of powers

46

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Mediation settlement enforcement orders

47

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Mediation settlement enforcement orders: foreign currency

48

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Mediation evidence: disclosure or inspection

49

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Mediation evidence: witnesses and depositions

50

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1

(1) [[^f00456] Subject to rule 10, this Order] applies to commercial actions in the Queen’s Bench Division, and the other provisions of these Rules apply to those actions subject to the provisions of this Order.

(2) In this Order “commercial actions” shall include any cause relating to business or commercial transactions and, without prejudice to the generality of the foregoing words, any cause relating to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping and other mercantile matters, agency, bailment, carriage of goods and such other causes as the Commercial Judge may think fit to enter in the Commercial List.

Commercial List and Commercial Judge

2

(1) There shall be a list which shall be called “The Commercial List”, and the Commercial List shall consist of such commercial actions as the Commercial Judge shall direct to be entered in that list, having regard to the amounts involved or the issues concerned in those actions.

(2) The Lord Chief Justice shall nominate one of the Judges of the High Court to be the Commercial Judge.

(3) The Commercial Judge shall be in charge of the arrangements for the listing and disposal of all actions listed in the Commercial List and of all interlocutory applications therein. One of the officers serving in the Court of Judicature shall act as Registrar of the Commercial List, and shall be concerned with the carrying out of such arrangements.

Commencement of proceedings in a commercial action

3

(1) On the commencement of proceedings in a commercial action the plaintiff’s solicitor [[^f00457] shall] request the Registrar in charge of the Commercial List to have the action entered in the Commercial List.

(2) Any party to a commercial action may at any stage of the proceedings request the Registrar to have the action entered in the Commercial List.

(3) The Registrar shall refer any such request to the Commercial Judge for his decision.

(4) The Commercial Judge may if he thinks fit remove any action from the Commercial List.

Pleadings to be furnished to Registrar

4

A copy of every pleading, including notices for particulars and replies thereto, and of interrogatories and replies thereto and lists of documents, served by any party to an action in the Commercial List, shall be furnished to the Registrar not later than two days after service thereof upon the other party or parties to the action.

Interlocutory application

5

Unless the Commercial Judge shall otherwise direct, either generally or in a specific case, all interlocutory applications in actions in the Commercial List shall be made to him.

Directions as to conduct of action

6

(1) As soon as practicable after the close of pleadings in an action in the Commercial List the Registrar shall refer it to the Commercial Judge for directions as to the conduct of the action. The Commercial Judge may give such directions without hearing the parties, or may receive written proposals for directions, or may hear the parties, as he may think fit.

(2) Any party may at any stage of the action apply to the Commercial Judge for directions as to the conduct-of the action, and the Commercial Judge may receive written proposals or hear the parties, as he may think fit.

Dates for the hearing of actions

7

Dates for the hearing of actions in the Commercial List shall be fixed in advance by the Registrar in consultation with the Commercial Judge. The Commercial Judge may if he thinks fit hear the parties or receive written proposals before fixing or altering a date for hearing. Any party may apply at any stage for a date for hearing to be fixed, whether or not the pleadings have been closed.

Hearings by judges other than the Commercial Judge

8

(1) Any interlocutory application in an action in the Commercial List may be heard by any judge or by any master if the Commercial Judge requests him to hear it.

(2) Any action in the Commercial List may be heard by any judge if the Commercial Judge requests him to hear it.

(3) At the request of the Lord Chief Justice any judge may at any time exercise the powers of the Commercial Judge.]

[ Disclosure of expert evidence

9

(1) Where a party to a commercial action proposes to adduce expert evidence at the trial he shall disclose it to the other party or parties at the time and in the manner that the Commercial Judge shall direct.

(2) When a party discloses any evidence to the other party in accordance with paragraph (1), he shall furnish a copy thereof to the Registrar as soon as possible and not later than two days after such disclosure.

(3) Where any party fails to comply with any of the directions as to disclosure given by the Commercial Judge, the Court may stay the action or strike out that party’s defence, as the case may be, or make such other order as to the Court may seem meet.

(4) Subject to any directions which may be given by the Commercial Judge, any party disclosing expert evidence under this rule shall do so by furnishing any relevant expert’s report or reports together with any documents emanating from the maker thereof which are intended by him to accompany or supplement any such report. All such reports or other documents shall be signed and dated by the maker thereof and shall specify his professional qualifications. A photocopy of any such report or document shall be sufficient for this purpose.

(5) On the ex parte application of any party bound to disclose any expert evidence under this Order the Court may give him leave—

(a) to adduce at the trial the evidence contained in any report without disclosing the report; or

(b) to omit or amend any part of any evidence when disclosing the report.

(6) Unless the Court otherwise orders, where a party who has disclosed expert evidence as aforesaid calls as a witness at the trial the expert who furnished the evidence to him—

(a) that party may not without the consent of the other parties or the leave of the Court lead evidence from that witness the substance of which is not included in the evidence served, except in relation to new matters which have arisen in the course of the trial;

(b) the Court may, on such terms as it thinks fit, direct that the evidence disclosed, or part thereof, shall stand as the evidence in chief of the witness or part of such evidence;

(c) whether or not the expert evidence disclosed or any part thereof is referred to during the evidence in chief of the witness, any party may put that expert evidence or any part thereof in cross-examination of that witness.

(7) For the purposes of this rule “expert evidence” means the evidence contained in any report or other accompanying or supplemental document as specified in paragraph (4) and includes any ancillary technical evidence.]

[ Proceedings in the Chancery Division

10

A judge dealing with any aspect of an action pending in the Chancery Division, who deems the action similar in character to an action which might have been entered in the Commercial List of the Queen’s Bench Division, shall have all the powers of the Commercial Judge in respect of that action.]

Introduction

This Order is divided into three Parts. Part I is concerned with applications to the Court relating to arbitration to which Part I of the Arbitration Act 1996 applies. Part II restates with some necessary adjustments provisions of the existing Order which are to be preserved. Part III is concerned with applications for enforcement under the earlier Arbitration Acts and under the 1996 Act.

The application of the Order to particular proceedings may be determined by reference to the following table. Column 1 shows the date on which arbitral proceedings (if any) were commenced. Column 2 shows the date of the application to the Court. Column 3 shows the appropriate Part of the Order for the application.

Column 1	Column 2	Column 3
Date of arbitral proceedings	Date of application to the Court	Appropriate Part of Order 73
not commenced	before 31st January 1997	Part II
before 31st January 1997	before 31st January 1997	Part II
not commenced	on or after 31st January 1997	Part I
before 31st January 1997	on or after 31st January 1997	Part II
on or after 31st January 1997	on or after 31st January 1997	Part I
on or after 31st January 1997	before 31st January 1997	Part II

The other provisions of these Rules apply to applications relating to arbitration subject to the provisions of this Order and only to the extent that they do not conflict with it.

See, for example, the following provisions of these Rules for the following matters—

Order 10 — service of originating process

Order 12 — entry of appearance

Order 29 — injunctions

Order 32 — proceedings in chambers

Order 41 — affidavits

Order 65 — service of documents.

PART I

The overriding objective

1

This part of this Order is founded on the general principles in section 1 of the Arbitration Act and shall be construed accordingly.

Meaning of arbitration application

2

(1) Subject to paragraph (2), “arbitration application” means the following—

(a) an application to the Court under the Arbitration Act;

(b) proceedings to determine—

(i) whether there is a valid arbitration agreement;

(ii) whether an arbitral tribunal is properly constituted;

(iii) what matters have been submitted to arbitration in accordance with an arbitration agreement;

(d) any other application affecting arbitration proceedings (whether instituted or anticipated) or to construe or affecting an arbitration agreement,

and includes the originating process by which an arbitration application is begun.

(2) In this Part of this Order, an arbitration application does not include proceedings to enforce an award—

(a) to which Part III of this Order applies; or

(b) by an action on the award.

Interpretation

3

In this Part—

“applicant” means the party making an arbitration application and references to respondent shall be construed accordingly;

“the Arbitration Act” means the Arbitration Act 1996 and any expressions used in this Order and in Part I of the Arbitration Act have the same meanings in this Order as they have in that Part of the Arbitration Act.

Form and content of arbitration application

4

(1) An arbitration application must be in Form No. 8A in Appendix A.

(2) Every arbitration application must—

(a) include a concise statement of—

(i) the remedy or relief claimed, and

(ii) (where appropriate) the questions on which the applicant seeks the determination or direction of the Court;

(b) give details of any arbitration award that is challenged by the applicant, showing the grounds for any such challenge;

(d) (where appropriate) specify the section of the Arbitration Act under which the application is brought; and

(e) show that any statutory requirements have been satisfied including those set out, by way of example, in the Table below.

Application made	Statutory requirements
section 9 (stay of legal proceedings)	see section 9(3)
section 12 (extensions of time for beginning arbitral proceedings)	see section 12(2)
section 18 (failure of appointment procedure)	see section 18(2)
section 21 (umpires)	see section 21(5)
section 24 (removal of arbitrators)	see section 24(2)
section 32 (preliminary point of jurisdiction)	see section 32(3)
section 42 (enforcement of peremptory orders)	see section 42(3)
section 44 (powers in support of arbitral proceedings)	see section 44(4), (5)
section 45 (preliminary point of law)	see section 45(3)
section 50 (extension of time for making award)	see section 50(2)
section 56 (power to withhold award)	see section 56(4)
sections 67, 68 (challenging the award)	see section 70(2), (3)
section 69 (appeal on point of law)	see sections 69(2), (4), 70(2), (3)
section 77 (service of documents)	see section 77(3)

(3) The arbitration application must also state—

(a) whether it is made ex parte or on notice and, if made on notice, must give the names and addresses of the persons to whom notice is to be given, stating their role in the arbitration and whether they are made respondents to the application;

(b) whether (having regard to rule 15) the application will be heard in open Court or in chambers; and

(4) Every arbitration application which is used as an originating process shall be indorsed with the applicant’s address for service in accordance with Order 6, rule 4.

Assignment of arbitration proceedings among Divisions of High Court

5

An arbitration application or appeal to the High Court under the Arbitration Act, other than an application under section 9 or 10 of that Act or Part II of the Arbitration Act 1950 made in proceedings assigned to the Chancery Division, shall be assigned to the Queen’s Bench Division.

Stay of legal proceedings

6

(1) An application under section 9 of the Arbitration Act to stay legal proceedings shall be served—

(a) in accordance with Order 65, rule 5, on the party bringing the relevant legal proceedings and on any other party to those proceedings who has given an address for service; and

(b) on any party to those legal proceedings who has not given an address for service, by sending to him (whether or not he is within the jurisdiction) at his last known address or at a place where it is likely to come to his attention, a copy of the application for his information.

(2) Where a question arises as to whether an arbitration agreement has been concluded or as to whether the dispute which is the subject matter of the proceedings falls within the terms of such an agreement, the Court may determine that question or give directions for its determination, in which case it may order the proceedings to be stayed pending the determination of that question.

Service of arbitration application

7

(1) Subject to paragraphs (2) and (4) below and to rules 6(1) and 8, an arbitration application shall be served in accordance with Order 10.

(2) Where the Court is satisfied on an ex parte application that—

(a) arbitral proceedings are taking place, or an arbitration award has been made, within the jurisdiction; and

(b) an arbitration application is being made in connection with those arbitral proceedings or being brought to challenge the award or to appeal on a question of law arising out of the award; and

(c) the respondent to the arbitration application (not being an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction)—

(i) is or was represented in the arbitral proceedings by a solicitor or other agent within the jurisdiction ... who was authorised to receive service of any notice or other document served for the purposes of those proceedings; and

(ii) has not (at the time when the arbitration application is made) determined the authority of that solicitor or agent,

the Court may order service of the arbitration application to be effected on the solicitor or agent instead of the respondent.

(3) An order made under paragraph (2) must limit a time within which the respondent must enter an appearance and a copy of the order and of the arbitration application must be sent by post to the respondent at his address out of the jurisdiction.

(4) Where an arbitration application has been issued, any subsequent arbitration application made by the respondent and arising out of the same arbitration or arbitration agreement may be served on the applicant in accordance with Order 65, rule 5 (ordinary service: how effected) and similarly any subsequent arbitration application by any party may be served at the address for service given in the first arbitration application or in the memorandum of appearance.

(5) For the purposes of service, an arbitration application is valid in the first instance—

(a) where service is to be effected out of the jurisdiction, for such period as the Court may fix;

(b) in any other case, for one month, beginning with the date of its issue.

Service out of the jurisdiction

8

(1) Service out of the jurisdiction of an arbitration application is permissible with the leave of the Court if the arbitration application falls into one of the categories mentioned in the following table and satisfies the conditions specified.

Nature of application	Conditions to be satisfied
1. The applicant seeks to challenge, or to appeal to the Court on a question of law arising out of, an arbitration award.	Award must have been made in Northern Ireland. Section 53 of the Arbitration Act shall apply for determining the place where award is treated as made.
2. The application is for an order under section 44 of the Arbitration Act (Court powers exercisable in support of arbitral proceedings). Where the application is for interim relief in support of arbitral proceedings which are taking (or will take) place outside Northern Ireland, the Court may give leave for service out of the jurisdiction notwithstanding that no other relief is sought.	None.
3. The applicant seeks some other remedy or relief, or requires a question to be determined by the Court, affecting an arbitration (whether pending or anticipated), an arbitration agreement or an arbitration award.	The seat of the arbitration is or will be in Northern Ireland or the conditions in section 2(4) of the Arbitration Act are satisfied.

(2) An application for the grant of leave under this rule must be supported by an affidavit—

(a) stating the grounds on which the application is made; and

(b) 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 to 8 shall apply to the service of an arbitration application under this rule as they apply to the service of a writ.

(4) Service out of the jurisdiction of any order made on an arbitration application is permissible with the leave of the Court.

Affidavit in support of arbitration application

9

(1) The applicant shall file an affidavit in support of the arbitration application which sets out the evidence on which he intends to rely and a copy of every affidavit so filed must be served with the arbitration application.

(2) Where an arbitration application is made with the written agreement of all the other parties to the arbitral proceedings or with the permission of the arbitral tribunal, the affidavit in support must—

(a) give details of the agreement or, as the case may be, permission; and

(b) exhibit copies of any document which evidences that agreement or permission.

Requirements as to notice

10

(1) Where the Arbitration Act requires that an application to the Court is to be made upon notice to other parties notice shall be given by making those parties respondents to the application and serving on them the arbitration application and any affidavit in support.

(2) Where an arbitration application is made under section 24, 28 or 56 of the Arbitration Act, the arbitrators or, in the case of an application under section 24, the arbitrator concerned shall be made respondents to the application and notice shall be given by serving on them the arbitration application and any affidavit in support.

(3) In cases where paragraph (2) does not apply, an applicant shall be taken as having complied with any requirement to give notice to the arbitrator if he sends a copy of the arbitration application to the arbitrator for his information at his last known address with a copy of any affidavit in support.

(4) This rule does not apply to applications under section 9 of the Arbitration Act to stay legal proceedings.

Memorandum of appearance by respondent

11

(1) Service of an arbitration application may be acknowledged by completing a memorandum of appearance in Form No. 12A in Appendix A in accordance with Order 12 (as that Order applies by virtue of rule 9 of that Order).

(2) A respondent who—

(a) fails to enter an appearance within the time limited for so doing; or

(b) having indicated on his memorandum of appearance that he does not intend to contest the arbitration application, then wishes to do so, shall not be entitled to contest the application without the leave of the Court.

(3) The Court will not give notice of the date on which an arbitration application will be heard to a respondent who has failed to enter an appearance.

(4) The failure of a respondent to give notice of intention to contest the arbitration application or to enter an appearance shall not affect the applicant’s duty to satisfy the Court that the order applied for should be made.

(5) This rule does not apply to—

(a) applications under section 9 of the Arbitration Act to stay legal proceedings; or

(b) subsequent arbitration applications.

Entry of Appearance by arbitrator

12

(1) An arbitrator who is sent a copy of an arbitration application for his information may make—

(a) a request ex parte in writing to be made a respondent; or

(b) representations to the Court under this rule,

and, where an arbitrator is ordered to be made a respondent, he shall enter an appearance within 14 days of the making of that order.

(2) An arbitrator who wishes to make representations to the Court under this rule may file an affidavit or make representations in writing to the Court.

(3) The arbitrator shall as soon as is practicable send a copy of any document filed or made under paragraph (2) to all the parties to the arbitration application.

(4) Nothing in this rule shall require the Court to admit a document filed or made under paragraph (2) and the weight to be given to any such document shall be a matter for the Court.

Automatic directions

13

(1) Unless the Court otherwise directs, the following directions shall take effect automatically.

(2) A respondent who wishes to put evidence before the Court in response to any affidavit filed in support of an arbitration application shall serve his affidavit on the applicant before the expiration of 21 days after the time limited for entering an appearance or, in a case where a respondent is not required to enter an appearance, within 21 days after service of the arbitration application.

(3) An applicant who wishes to put evidence before the Court in response to an affidavit lodged under paragraph (2) shall serve his affidavit on the respondent within 7 days after service of the respondent’s affidavit.

(4) Where a date has not been fixed for the hearing of the arbitration application, the applicant shall, and the respondent may, not later than 14 days after the expiration of the time limit specified in paragraph (2), apply to the Court for such a date to be fixed.

(5) Agreed indexed and paginated bundles of all the evidence and other documents to be used at the hearing shall be prepared by the applicant (with the co-operation of the respondent).

(6) Not later than 5 clear days before the hearing date estimates for the length of the hearing shall be lodged with the Court together with a complete set of the documents to be used.

(7) Not later than 2 days before the hearing date the applicant shall lodge with the Court—

(a) a chronology of the relevant events cross-referenced to the bundle of documents;

(b) (where necessary) a list of the persons involved;

(i) the issues which arise for decision,

(ii) the grounds of relief (or opposing relief) to be relied upon,

(iii) the submissions of fact to be made with the references to the evidence, and

(iv) the submissions of law with references to the relevant authorities,

and shall send a copy to the respondent.

(8) Not later than the day before the hearing date the respondent shall lodge with the Court a skeleton argument which lists succinctly—

(a) the issues which arise for decision,

(b) the grounds of relief (or opposing relief) to be relied upon,

(d) the submissions of law with references to the relevant authorities,

and shall send a copy to the applicant.

Directions by the Court

14

(1) The Court may give such directions as to the conduct of the arbitration application as it thinks best adapted to secure the just, expeditious and economical disposal thereof.

(2) Where the Court considers that there is or may be a dispute as to fact and that the just, expeditious and economical disposal of the application can best be secured by hearing the application on oral evidence or mainly on oral evidence, it may, if it thinks fit, order that no further evidence shall be filed and that the application shall be heard on oral evidence or partly on oral evidence and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.

(3) The Court may give directions as to the filing of evidence and as to the attendance of deponents for cross-examination and any directions which it could give in proceedings begun by writ.

(4) If the applicant makes default in complying with these rules or with any order or direction of the Court as to the conduct of the application, or if the Court is satisfied that the applicant is not prosecuting the application with due despatch, the Court may order the application to be dismissed or may make such other order as may be just.

(5) If the respondent fails to comply with these rules or with any order or direction given by the Court in relation to the evidence to be relied on, or the submissions to be made by that respondent, the Court may, if it thinks fit, hear and determine the application without having regard to that evidence or those submissions.

Hearing of applications: open Court or in chambers

15

(1) The Court may order that any arbitration application be heard either in open court or in chambers.

(2) Subject to any order made under paragraph (1) and to paragraph (3), all arbitration applications shall be heard in chambers.

(3) Subject to any order made under paragraph (1), the determination of a preliminary point of law under section 45 of the Arbitration Act or an appeal under section 69 on a question of law arising out of an award shall be heard in open Court.

(4) Paragraph (3) shall not apply to—

(a) the preliminary question whether the Court is satisfied of the matters set out in section 45(2)(b); or

(b) an application for leave to appeal under section 69(2)(b).

Securing the attendance of witnesses

16

(1) A party to arbitral proceedings being conducted in Northern Ireland who wishes to rely on section 43 of the Arbitration Act to secure the attendance of a witness may apply for a writ of subpoena ad testificandum or of subpoena duces tecum to the Central Office.

(2) A writ of subpoena shall not be issued until the applicant lodges an affidavit which shows that the application is made with the permission of the tribunal or the agreement of the other parties.

Security for costs

17

Subject to section 70(6) of the Arbitration Act, the Court may order any applicant (including an applicant who has been granted leave to appeal) to provide security for costs of any arbitration application.

Powers exercisable in support of arbitral proceedings

18

(1) Where the case is one of urgency, an application for an order under section 44 of the Arbitration Act (Court powers exercisable in support of arbitral proceedings) may be made ex parte on affidavit (before the issue of an arbitration application) and the affidavit shall (in addition to dealing with the matters required to be dealt with by rule 9) state the reasons—

(a) why the application is made ex parte; and

(b) (where the application is made without the permission of the arbitral tribunal or the agreement of the other parties to the arbitral proceedings) why it was not practicable to obtain that permission or agreement, and

(2) Where the case is not one of urgency, an application for an order under section 44 of the Arbitration Act shall be made on notice and the affidavit in support shall (in addition to dealing with the matters required to be dealt with by rule 9 and paragraph (1)(c) above) state that the application is made with the permission of the tribunal or the written agreement of the other parties to the arbitral proceedings.

(3) Where an application for an order under section 44 of the Arbitration Act is made before the issue of an arbitration application, any order made by the Court may be granted on terms providing for the issue of an application and such other terms, if any, as the Court thinks fit.

Applications under sections 32 and 45 of the Arbitration Act

19

(1) This rule applies to the following arbitration applications—

(a) applications for the determination of a question as to the substantive jurisdiction of the arbitral tribunal under section 32 of the Arbitration Act; and

(b) applications for the determination of a preliminary point of law under section 45 of the Arbitration Act.

(2) Where an application is made without the agreement in writing of all the other parties to the arbitral proceedings but with the permission of the arbitral tribunal, the affidavits filed by the parties shall set out any evidence relied on by the parties in support of their contention that the Court should, or should not, consider the application.

(3) As soon as practicable after the affidavits are lodged, the Court shall decide whether or not it should consider the application and, unless the Court otherwise directs, shall so decide without a hearing.

Applications for leave to appeal

20

(1) Where the applicant seeks leave to appeal to the Court on a question of law arising out of an arbitration award, the arbitration application shall identify the question of law and state the grounds on which the applicant alleges that leave should be granted.

(2) The affidavit in support of the application shall set out any evidence relied on by the applicant for the purpose of satisfying the Court of the matters mentioned in section 69(3) of the Arbitration Act and for satisfying the Court that leave should be granted.

(3) The affidavit lodged by the respondent to the application shall—

(a) state the grounds on which the respondent opposes the grant of leave;

(b) set out any evidence relied on by him relating to the matters mentioned in section 69(3) of the Arbitration Act; and

(c) specify whether the respondent wishes to contend that the award should be upheld for reasons not expressed (or not fully expressed) in the award and, if so, state those reasons.

(4) As soon as practicable after the lodging of the affidavits, the Court shall determine the application for leave in accordance with section 69(5) of the Arbitration Act.

(5) Where leave is granted, a date shall be fixed for the hearing of the appeal.

Extension of time: applications under section 12

21

An application for an order under section 12 of the Arbitration Act may include as an alternative an application for a declaration that such an order is not needed.

Time limit for challenges to or appeals from awards

22

(1) An applicant shall not be taken as having complied with the time limit of 28 days referred to in section 70(3) of the Arbitration Act unless the arbitration application has been issued, and all the affidavits in support have been sworn and filed, by the expiry of that time limit.

(2) An applicant who wishes—

(a) to challenge an award under section 67 or 68 of the Arbitration Act; or

(b) to appeal under section 69 on a question of law arising out of an award,

may, where the time limit of 28 days has not yet expired, apply ex parte on affidavit for an order extending that time limit.

(3) In any case where an applicant seeks to challenge an award under section 67 or 68 of the Arbitration Act or to appeal under section 69 after the time limit of 28 days has already expired, the following provisions shall apply:

(a) the applicant must state in his arbitration application the grounds why an order extending time should be made and his affidavit in support shall set out the evidence on which he relies;

(b) a respondent who wishes to oppose the making of an order extending time shall file an affidavit within 7 days after service of the applicant’s affidavit, and

(c) the Court shall decide whether or not to extend time without a hearing unless it appears to the Court that a hearing is required,

and, where the Court makes an order extending the time limit, the respondent shall file his affidavit in response to the arbitration application 21 days after the making of the order.

PART II

Application of this Part

23

(1) This Part of this Order applies to any application to the Court to which the old law applies and, in this rule, “the old law” means the enactments specified in section 107 of the Arbitration Act 1996 as they stood before their amendment or repeal by that Act.

(2) This Part of this Order does not apply to proceedings to enforce an award—

(a) to which Part III of this Order applies; or

(b) by an action on the award.

(3) Reference should be made to the other provisions of these rules (except Parts I and III of this Order) for the procedure for any application not expressly provided for in this Part.

Matters for a judge in court

24

(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 7(1) of that Act, or

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.

Matters for a judge in chambers or master

25

(1) Subject to the provisions of this Order and the provisions of this rule the jurisdiction of the High Court under the Arbitration Act (Northern Ireland) 1937 and the 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.

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

26

(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 notice of motion 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 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 of motion.

Service out of the jurisdiction of summons, notice etc.

27

(1) Service out of the jurisdiction—

(a) of an originating summons for the appointment of an arbitrator or umpire, or

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

is permissible with the leave of the court provided that the arbitration to which the summons, motion or order relates is governed by the law of Northern Ireland or has been, is being, or is held within the jurisdiction.

(2) Service out of the jurisdiction of an originating summons for leave to enforce an award is permissible with the leave of the Court whether or not the award is governed by the law of Northern Ireland.

(3) 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.

(4) 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.

PART III

Application of this Part

28

This Part of this Order applies to all enforcement proceedings (other than by an action on the award) regardless of when they are commenced and when the arbitral proceedings took place.

Enforcement of awards

29

(1) This rule applies to applications to enforce awards which are brought in the High Court.

(2) An application for leave under—

(a) section 66 of the Arbitration Act 1996;

(b) section 101 of the Arbitration Act 1996;

(d) section 3(1)(c) of the Arbitration Act 1975;

to enforce an award in the same manner as a judgment or order may be made ex parte in Form No. 8A in Appendix A.

(3) The Court hearing an application under paragraph (2) may direct that the application is to be served on such parties to the arbitration as it may specify and service of the application out of the jurisdiction is permissible with the leave of the Court irrespective of where the award is, or is treated as, made.

(4) Where a direction is given under paragraph (3), rules 11 and 13 to 17 shall apply with the necessary modifications as they apply to applications under Part I of this Order.

(5) Where the applicant applies to enforce an agreed award within the meaning of section 51(2) of the Arbitration Act 1996, the application must state that the award is an agreed award and any order made by the Court shall also contain such a statement.

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

(a) exhibiting

(i) where the application is made under section 66 of the Arbitration Act 1996 or under section 16 of the Arbitration Act (Northern Ireland) 1937, the arbitration agreement and the original award or, in either case, a copy thereof;

(ii) where the application is under section 101 of the Arbitration Act 1996, the documents required to be produced by section 102 of that Act;

(iii) where the application is under section 3(1)(c) of the Arbitration Act 1975, the documents required to be produced by section 4 of that Act;

(b) stating the name and the usual or last known place of residence or business of the applicant and of the person against whom it is sought to enforce the award respectively;

(c) stating 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.

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

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

(9) 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 respondent may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the respondent applies within that period to set aside the order, until after the application is finally disposed of.

(10) The copy of the order served on the respondent shall state the effect of paragraph (9).

(11) In relation to a body corporate this rule shall have effect as if for any reference to the place of residence or business of the applicant or the respondent there were substituted a reference to the registered or principal address of the body corporate.

(12) Nothing in this rule shall affect any enactment which provides for the manner in which a document may be served on a body corporate.

Interest on awards

30

(1) Where an applicant seeks to enforce an award of interest, the whole or any part of which relates to a period after the date of the award, he shall file a certificate giving the following particulars—

(a) whether simple or compound interest was awarded;

(b) the date from which interest was awarded;

(d) the rate of interest awarded, and

(e) a calculation showing the total amount claimed up to the date of the certificate and any sum which will become due thereafter on a per diem basis.

(2) The certificate under paragraph (1) must be filed whenever the amount of interest has to be quantified for the purpose of obtaining a judgement or order under section 66 of the Arbitration Act 1996 (enforcement of the award) or for the purpose of enforcing such a judgment or order by one of the means mentioned in Order 45, rule 2.

Registration in High Court of foreign awards

31

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 1933 extends, being a part to which Part II of the Administration of Justice Act 1920 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.

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

32

(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 1966;

“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” means 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)(iv) 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 which shall be in Form 7 in Appendix A.

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

(a) in lieu of exhibiting the judgment of 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 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.]

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 [[^f00462] or other record] 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 [[^f00463] the Merchant Shipping Act 1995[^f00464]] 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.

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 [[^f00465] safety regulations].

(b) every limitation action, and

(c) every action to enforce a claim under [[^f00465] section 153 of the Merchant Shipping Act 1995] or [[^f00465] section 175 of the Merchant Shipping Act 1995]

shall be assigned to that Division.

(2) [[^f00466] In this rule “safety regulations” means regulations under section 85 of the Merchant Shipping Act 1995.]

[ Proceedings against, or concerning, the International Oil Pollution Compensation Fund 1992 and the International Oil Pollution Compensation Supplementary Fund 2003

2A

(1) In this rule—

a section referred to by number means the section so numbered in the Merchant Shipping Act 1995;

“the Fund” means the International Oil Pollution Compensation Fund 1992; and

“the Supplementary Fund” means the International Oil Pollution Compensation Supplementary Fund 2003.

(2) All proceedings against the Fund under section 175, or the Supplementary Fund under section 176A, shall be commenced in the Central Office.

(3) For the purposes of section 177, any party to proceedings brought against an owner or guarantor in respect of liability under section 153 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.

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

(5) Where judgment is given against the Fund in any proceedings under section 175, or against the Supplementary Fund in any proceedings under section 176A, the Registrar shall cause a stamped copy of the judgment to be sent to it.

(6) The Registrar shall be notified—

(a) by the Fund of the matters set out in section 176(3)(b); or

(b) by the Supplementary Fund of the matters set out in section 176B(2)(b),

by a notice in writing, sent by post to, or delivered at, the Central Office.]

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.

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 [[^f00468] rule 2(1)(a) or (b)] 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 within the limits of a port of 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 1956[^f00469].

(1A) [^f00470] Service out of the jurisdiction of a writ or notice thereof in an act containing any such claim as is mentioned in rule 2(1)(c) is permissible with the leave of the Court.]

(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) [[^f00471] Paragraphs (1) and (1A)] 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.

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 praecipe 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

(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 brought and that the notice (if any) required by paragraph (4) has been sent [[^f00472] and in the case of a claim in respect of a liability incurred under [[^f00473] sections 153 to 154 of the Merchant Shipping Act 1995], the facts relied on as establishing that the Court is not prevented from entertaining the action by reason of [[^f00473] section 166(2) and (3)] of that Act.]

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 arrest 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.

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 be entered in the caveat book.

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

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 had 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.

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) of 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.

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.

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 lodged 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.

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.

Applications with respect to property under arrest

12

(1) The marshall 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 all of the parties to every action against the property.

(2) The marshall 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.

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.

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.

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.

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.

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; 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.

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.

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 premininary 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 lodged 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 reference 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.

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.

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 veryifying 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 veryifying 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.

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