Paragraph 61.7 Cautions against arrest

(1)

Any person may file a request for a caution against arrest.

(2)

When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in the practice direction and—

(a)

the person filing the request undertakes—

(i)

to file an acknowledgment of service; and

(ii)

to give sufficient security to satisfy the claim with interest and costs; or

(b)

where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976^f1 he—

(i)

states that such a fund has been constituted; and

(ii)

undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

(3)

A caution against arrest—

(a)

is valid for 12 months after the date it is entered in the Register; but

(b)

may be renewed for a further 12 months by filing a further request.

(4)

Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

(5)

Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—

(a)

the arrest be discharged; and

(b)

the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.

Annotations

Footnotes

f1: The text of the Convention is set out in Schedule 7 to the Merchant Shipping Act 1995 (c. 21).