Rule 61.6 Security in claim in remF1

(1)

This rule applies if, in a claim in rem, security has been given to—

(a)

obtain the release of property under arrest; or

(b)

prevent the arrest of property.

(F22)

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—

(a)

of the original arrest; or

(b)

security was first given (if the property was not arrested).

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: Rule 61.6(2) substituted (6.4.2019) by The Civil Procedure (Amendment) Rules 2019 (S.I. 2019/342), rules 1(1), 13

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)