--(1) Except in a case to which paragraph (2) applies, a person who wishes to prevent the arrest of any property must file a request in the appropriate practice form signed by him or his attorney-at-law undertaking-
----(a) to acknowledge issue or service (as may be appropriate) of the claim form in any claim that may be made against the property described in the request; and
----(b) within 3 days after receiving notice that such a claim has been made, to give bail in that claim in a sum not exceeding an amount specified in the request or to pay the amount so specified into court,
--and on the filing of the request a caveat against the issue of a warrant to arrest the property described in the request must be entered in the caveat book.
--(2) Where a claimant in a limitation proceedings has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 and rule 74.35, and desires to prevent the arrest of any property for a claim which may be or has been made against the fund, he must file in the court office a request, in the appropriate practice form signed by him or his attorney-at-law-
----(a) stating that a limitation fund in respect of damage arising from the relevant incident has been constituted; and
----(b) undertaking to acknowledge issue or service (as may be appropriate) of the claim form in any claim that may be begun against the property described in the request,
--and on the filing of the request a caveat against the issue of a warrant to arrest the property described in the request must be entered in the caveat book.
--(3) The fact that there is a caveat against arrest in force does not prevent the issue of a warrant to arrest the property to which the caveat relates.
--(4) Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the court for an order discharging the warrant and, on the hearing of the application, the court, unless it is satisfied that the party procuring the arrest of the property had a good and sufficient reason for so doing, may by order discharge the warrant and may also order the last-mentioned party to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.
Notes
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