Rule 61.10 Sale by the court, priorities and payment outF1

(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.

(2)

F2Unless the court is satisfied that there is good reason not to do so, if the court makes an order for sale, it F3must set—

(a)

F4... a time within which notice of claims against the proceeds of sale must be filed; and

(b)

the time and manner in which F5that time limit must be advertised.

(3)

Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.

(4)

An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.

(5)

Payment out of the proceeds of sale will be made only to judgment creditors and—

(a)

in accordance with the determination of priorities; or

(b)

as the court orders.

Annotations

Textual amendments

F1: Pt. 61 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 5
F2: Words in rule 61.10(2) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(a)
F3: Words in rule 61.10(2) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(b)
F4: Word in rule 61.10(2)(a) omitted (1.10.2021) by virtue of The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(c)
F5: Words in rule 61.10(2)(b) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(d)

Notes on Part 61

Textual amendments

F2: Words in Pt. 61 Table of Contents inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(4), 18(1) (with rule 2)