74.19 Preliminary acts

--(1) The rule deals with proceedings relating to damage, loss of life or personal injury arising out of a collision between ships.

--(2) The following provisions apply unless the court otherwise orders.

--(3) The claimant must within two months after service of the claim form on any defendant and the defendant must within two months of acknowledging issue or service of the claim file in the court office a document in two parts (in these rules referred to as a "preliminary act") containing a statement of the following:

Part One

----(a) the names of the ships which came into collision and their ports of registry;

----(b) the length, breadth, gross tonnage, horsepower and draught at the material time of the ship and the nature and tonnage of any cargo carried by the ship;

----(c) the date and time (including the time zone) of the collision;

----(d) the place of the collision;

----(e) the direction and force of the wind;

----(f) the state of the weather;

----(g) the state, direction and force of the tidal or other current;

----(h) the position, the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;

----(i) the lights or shapes (if any) carried by the ship;

----(j)

--------(i) the distance and bearing of the other ship if and when her echo was first observed by radar; and

--------(ii) the distance, bearing and approximate heading of the other ship when first seen;

----(k) what lights or shapes or combinations of lights or shapes (if any) of the other ship were first seen;

----(l) what other lights or shapes or combinations of lights or shapes (if any) of the other ship were subsequently seen before the collision, and when;

----(m) what alterations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in Part One (h) up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when;

----(n) the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact, what light or shape or combination of lights or shapes (if any) of the other ship was first seen;

----(o) what sound signals (if any) were given, and when; and

----(p) what sound signals (if any) were heard from the other ship, and when.

Part Two

----(a) a statement that the particulars in Part One are incorporated in Part Two;

----(b) any other facts and matters upon which the party filing the preliminary act relies;

----(c) all allegations of negligence or other fault which the party filing the preliminary act makes; and

----(d) the remedy or relief which the party filing the preliminary act claims.

--(4) Part Two of the preliminary act shall be deemed to be the statement of case of the person filing the preliminary act including, in the case of the defendant, a counterclaim, and rules 8.4 to 8.10 and 10.5 to 10.8 apply to it save insofar as this rule and rule 74.21 provides otherwise.

--(5) The court may order that Part Two of the preliminary act need not be filed by the claimant or defendant and give directions for the further conduct of the proceedings.

--(6) Every preliminary act must be sealed before filing and be filed in a sealed envelope which must not be opened except as provided in paragraph (8) or by order of the court.

--(7) A claimant must serve notice of filing his preliminary act on every defendant who acknowledges issue or service of theclaim within 3 days of receiving notice of that acknowledgement or upon filing his preliminary act, whichever is the later. A defendant must, upon filing his preliminary act, serve notice that he has done so on the claimant and on every other defendant who has acknowledged issue or service of the claim.

--(8) Any party may inspect and bespeak a copy of the preliminary act of any other party upon filing a consent signed by that other party or his attorney-at-law.

--(9) Within 14 days after the last preliminary act in the proceedings is filed each party must serve on every other party a copy of his preliminary act.

--(10) At any time after all preliminary acts have been filed any party may apply to the court for an order that-

----(a) one or more parties file a schedule of the damages claimed by them and serve a copy thereof on every other party; and

----(b) the damages be assessed prior to or at the trial on liability.

--(11) Wherever practicable such an application must be dealt with at the case management conference.

Notes

Amended by Legal Notice 140 of 2000.

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