OpenLegislation

Article 8 Admiralty proceedings

Original text. Later amendments are not shown.

After Order 75, rule 14 there shall be inserted the following new rule—

“Filing of praecipe for caveat against release when Registry is closed

14A
(1)

When the Admiralty and Commercial Registry (in this rule referred to as “the Registry”) is closed to the public, a praecipe for caveat against release may be filed in the Registry in accordance with the provisions of this rule.

(2)

A praecipe under this rule must:

(a)

be signed by a solicitor acting on behalf of the intending caveator; and

(b)

be in Form 9 in Appendix B and addressed to the Registry.

(3)

A solicitor causing a praecipe to be filed under this rule (in this rule referred to as “the filing solicitor”) shall transmit a copy of the praecipe to the Registry by FAX for filing under this rule on the fax number designated for such purpose.

(4)

Subject to paragraph (7) of this rule, the filing of a praecipe under this rule takes place when the FAX transmitted under paragraph (3) is recorded at the Registry as having been received and the praecipe so filed shall have the same effect for all purposes as a praecipe filed under rule 14 of this Order.

(5)

When the Registry is next open to the public after the filing of a praecipe in accordance with this rule—

(a)

the filing solicitor or his agent shall attend and deliver to the Registry—

(i)

the document which was transmitted by FAX;

(ii)

the transmission report.

(b)

upon receipt of the document and transmission report under sub-paragraph (a) and upon satisfying himself that the document delivered fully accords with the document received by the Registry under paragraph (3), the proper officer shall stamp the document delivered with the time and date when the praecipe was received under paragraph (4), enter the same in the caveat book and retain the same with the faxed copy.

(6)

Unless otherwise ordered by the Court, the stamped praecipe retained by the Court shall be conclusive proof that the praecipe was filed at the time and on the date stated.

(7)

Notwithstanding Order 2, rule 1, if the filing solicitor does not comply with the provisions of paragraphs (2) and (5)(a), or if the document delivered under paragraph (5)(a)(i) is not stamped under paragraph (5)(b), the praecipe shall be deemed never to have been filed.”.