Article 2 Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982

After Order 11, rule 8 there shall be inserted the following—

“Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982

8A

(1)

Service of an originating summons out of the jurisdiction claiming interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982 (as extended by Order in Council made under section 25(3)^f1), is permissible with the leave of the Court.

(2)

An application for the grant of leave under paragraph (1) must be supported by an affidavit stating—

(a)

the grounds on which the application is made;

(b)

that in the deponent’s belief the plaintiff has a good claim to interim relief,

(c)

in what place or country the defendant is, or probably may be, found.

(3)

The following provisions of this Order shall apply, with the necessary modifications, where service is to be effected under this rule as they apply where service is effected under rule 1:

• Rule 1(3) (time limited for acknowledging service),

• Rule 4(2), (3) and (4) (grant of leave),

• Rule 5 (service of writ abroad: general),

• Rule 6 (service of writ abroad through foreign governments etc.),

• Rule 8 (undertaking to pay expenses of service).”.