# The Rules of the Supreme Court (Amendment No. 3) 1986, Article 9


Order 75, rule 5, shall be amended as follows.
(1) For paragraph (1) there shall be substituted the following paragraph:—
“(1) In an action in rem the plaintiff or defendant, as the case may be, may after the issue of the writ in the action and subject to the provisions of this rule issue a warrant in Form No. 3 in Appendix B for the arrest of the property against which the action or any counterclaim in the action is brought.”.
(2) For the words in paragraph (3) from “A party applying” to “any property shall” there shall be substituted the words “Before a warrant to arrest any property is issued the party intending to issue it must”.
(3) In paragraph (4) for the words “applying for it” there shall be substituted the words “intending to issue the same” and for the words from “paragraph (8), so,” to “warrant to issue” there shall be substituted the words “paragraph (9); however, the Court may, if it thinks fit, give leave to issue the warrant”.
(4) For paragraph (6) there shall be substituted the following new paragraph—
“(6) A warrant of arrest may not be issued as of right in the case of property whose beneficial ownership has, since the issue of the writ, changed as a result of a sale or disposal by any court exercising Admiralty jurisdiction.”.
(5) For the words in paragraph (7) from “no application” to “action in rem” there shall be substituted the words “no warrant of arrest shall be issued”.
(6) After paragraph 7 there shall be substituted the following new paragraph 8, and the existing paragraphs 8 and 9 shall be renumbered accordingly—
“(8) Issue of a warrant of arrest takes place upon its being sealed by an officer of the registry or district registry.”.
(7) In the new paragraph 10 the words from “(b) a certified copy” to “paragraph (6);” shall be omitted.

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Source: https://www.legislation.gov.uk/uksi/1986/2289/article/9 (the official version)
Page: https://openlegislation.uk/rules-of-the-supreme-court-amendment-no-3-1986/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

