(1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party. Deleted Rule 17. (c) that party has not fulfilled that undertaking within 14 days after service on him of the claim form. Acts as made; Statutory rules as made; Historical Acts (1851-1995) Bills. a restricted decree may be brought by counterclaim; and. under paragraph (2) in any other claim must be made in accordance with Part 12 with any necessary modifications. (8) If a defendant files an acknowledgment of service under paragraph (7)(b) he will be treated as having accepted that the court has jurisdiction to hear the claim unless he applies under Part 11 within 14 days after filing the acknowledgment of service. (3) Rule 30.5 applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to –. (5) Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay. district court as of June 30, 2011 are automatically certified in the circuit particular division to which the judge seeks certification. Rules. The Supreme Court Civil Supplementary Rules 2014, dated 2nd September 2014 that came into operation on 1st October 2014 (Government Gazette 11 September 2014, p. 4502) have been varied by Supreme Court rules dated: Gazette Date of operation # 1 29 September 2014 9 October 2014, p. 6094 9 October 2014 #2 29 June 2015 30 July 2015, p. 3672 1 September 2015 #3 16 September 2015 1 October … (ii) directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo. 07-10-2020 Order Amending Rules 41, 64, 65, 65.2, 67, 69, 70 and 50 of the Family Court Rules of Civil Procedure New, effective November 1, 2020 Announcement regarding Amendments to Rules 41, 64, 65, 65.2, 67, 69, 70 and 500 of the Family Court Rules of Civil Procedure 12 (Repealed) 1.13. (iv) arising out of or connected with any contract for salvage services; (g) ‘caution against arrest’ means a caution entered in the Register under rule 61.7; (h) ‘caution against release’ means a caution entered in the Register under rule 61.8; (i) ‘the Register’ means the Register of cautions against arrest and release which is open to inspection as provided by Practice Direction 61; (j) ‘the Marshal’ means the Admiralty Marshal; (k) ‘ship’ includes any vessel used in navigation; (l) ‘the Registrar’ means the Admiralty Registrar; and, (m) 'electronic track data' means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder. A claim is started by the issue of a limitation claim form as set out in Practice Direction 61. must be served on all named defendants and any other defendant who requests service upon him; and, The claim form may not be served out of the jurisdiction unless; or, the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981, the defendant has submitted to or agreed to submit to the jurisdiction of the court; or, the Admiralty Court has jurisdiction over the claim under any applicable Convention; and. Confidentiality; privilege not to disclose 16.7. The Supreme Court adopts rules to guide trial and appellate courts throughout Kansas and to help them conduct their administrative functions in a fair, efficient, and fiscally responsible manner. (b) under paragraph (2) in any other claim must be made in accordance with Part 12 with any necessary modifications. (10) Where an in rem claim form has been issued and security sought, any person who has filed an acknowledgment of service may apply for an order specifying the amount and form of security to be provided. (3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise. No. (4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise. certification from the supreme court in additional divisions within the circuit Rule 30.5 applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to –. may be made a party to any claim in rem against the property or proceeds of sale. Rule-Making Procedures. (b) a copy of that notice is attached to any declaration under paragraph (3)(b). within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly. (b) any security representing the property remains in force, The court may sit with assessors when hearing –, (b) other claims involving issues of navigation or seamanship; or. (1) This rule applies if, in a claim in rem, security has been given to –, (a) obtain the release of property under arrest; or, (2) Unless the terms on which security has been given provide otherwise, the court may order that—, (a )the amount of security be reduced, and may stay the claim until the order is complied with; or, (b) the amount of security be increased, and may give the claimant permission to arrest or re-arrest the property proceeded against to obtain further security, (3) The court may not make an order under paragraph (2)(b) if the total security to be provided would exceed the value of the property at the time –. If a limitation claim is not commenced within 75 days after the date the fund was established –, all money in court (including interest) will be repaid to the person who made the payment into court; and. (5) A warrant of arrest may not be issued against a ship owned by a State where by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of that State until –, (a) notice in the form set out in Practice Direction 61 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 arrest the ship; and. the claim form has been served on that party; the sum claimed in the claim form does not exceed the amount specified in the undertaking given by that party in accordance with rule 61.7(2)(a)(ii); and. Attorneys and Judges Assistance Program Board 16.3. An application notice seeking judgment in default and, unless the court orders otherwise, all evidence in support, must be served on all persons who have entered cautions against release on the Register. the court orders release on an application made by any party; all persons who have entered cautions against release, a request for release in the form set out in Practice Direction 61 (containing an undertaking); and. The Chief Justice after consultation with the judges president of the several divisions of the Supreme Court of South Africa has, in terms of paragraph (a) of subsection (2) of section 43 of the Supreme Court Act, … (6) If a claim form has been issued (whether served or not), any person who wishes to defend the claim may file an acknowledgment of service. 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