Article 9 Admiralty proceedings

For Order 75, rule 38, there shall be substituted the following rule—

“Summons for decree or directions in limitation action

38

(1)

The plaintiff must—

(a)

within 7 days after the acknowledgement of issue or service of the writ by one of the defendants identified by his name or,

(b)

if none of the defendants acknowledges issue or service, within 7 days after the time limited for acknowledging service,

and without serving a statement of claim, take out a summons returnable in chambers before the Admiralty registrar or district judge, as the case may be, asking for a decree limiting his liability or, in default of such a decree, for directions as to the future proceedings in the action.

(2)

The summons must be supported by affidavit verifying—

(a)

the plaintiff’s case in the action and

(b)

if no defendant identified in the writ by his name has acknowledged service, service of the writ on at least one of the defendants so identified.

(3)

The affidavit referred to in paragraph (2) above shall state—

(a)

the names of all the persons who, to the knowledge of the plaintiff, have claims against him in respect of the casualty to which the action relates, not being defendants to the action who are identified in the writ by their names, and

(b)

the address of each of those persons if known to the plaintiff.

(4)

The summons and every affidavit in support thereof must be served on every defendant who has acknowledged issue or service of the writ at least 28 clear days before the hearing of the summons.

(5)

Any defendant who disputes the plaintiff’s claim to limit his liability or alleges that he is unable to decide whether to dispute that claim shall, within 14 days of the service upon him of the summons and any affidavit in support, serve upon the plaintiff an affidavit stating the grounds upon which he relies to dispute the plaintiff’s claim to limit his liability or such facts and matters as could justify the Court in giving a direction under paragraph (8) of this rule.

(6)

The plaintiff may, within 7 days of service upon him of any affidavit under paragraph (5), serve such further affidavit evidence as he may wish upon any defendant who has served an affidavit under paragraph (5) of this rule.

(7)

If on the hearing of the summons it appears to the Admiralty registrar or district judge that the plaintiff’s claim to limit his liability is not disputed, he shall make a decree limiting the plaintiff’s liability and declaring the amount thereof.

(8)

If on the hearing of the summons it appears to the Admiralty registrar or district judge that any defendant has not sufficient information to enable him to decide whether to dispute the plaintiff’s claim to limit his liability, he may, on such terms as seem just, give such directions as appear to him appropriate to enable the defendant to obtain such information and shall adjourn the hearing.

(9)

Any defendant who thereafter disputes the plaintiff’s claim to limit his liability shall state on affidavit the grounds upon which he relies and such affidavit must be served on the plaintiff at least 10 clear days before the resumed hearing of the summons.

(10)

If on the hearing or the resumed hearing of the summons, the Admiralty registrar or district judge does not make a decree limiting the plaintiff’s liability, he shall give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a summons for directions under Order 25 and, if he gives no such direction, a direction fixing the period within which any notice under Order 38, rule 21, must be served.

(11)

Any defendant who, after the Admiralty registrar or district judge has given directions under paragraph (8) or (10), ceases to dispute the plaintiff’s right to limit his liability must forthwith file a notice to that effect in the Registry or district registry and serve a copy on the plaintiff and on any other defendant who has acknowledged issue or service of the writ.

(12)

If every defendant who disputes the plaintiff’s right to limit his liability serves a notice on the plaintiff under paragraph (11), the plaintiff may take out a summons returnable in chambers before the Admiralty registrar or district judge asking for a decree limiting his liability; and paragraphs (4) and (7) shall apply to a summons under this paragraph as they apply to a summons under paragraph (1).”.