--(1) In the case of any such claim or question as is mentioned in rule 74.2(a) ,(b) ,(c) or (s) a claim in rem may be brought against the ship or property in connection with which the claim or question arises.
--(2) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, a claim in rem may be brought against that ship, aircraft or property.
--(3) In the case of any such claim as is mentioned in rule 74.2(e), (f) and (h) to (r) where-
----(a) the claim arises in connection with a ship; and
----(b) the person who would be liable in a claim in personam ("the relevant person") was, when the cause of action arose, the owner or charterer, or in possession or in control, of the ship,
--a claim in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought against-
--------(i) that ship, if at the time when the claim is made the relevant person is the beneficial owner of that ship as respects all the shares in it; or
--------(ii) any other ship of which, at the time when the claim is made the relevant person is the beneficial owner as respects all the shares in it.
--(4) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, a claim in rem may be brought against that aircraft if, at the time when the claim is made, it is beneficially owned by the person who would be liable on the claim in a claim in personam.
--(5) For the purpose of determining under paragraphs (3) and (4) whether a person would be liable on a claim in personam it shall be assumed that he has a habitual residence or place of business in Trinidad and Tobago.
--(6) In this rule "the time when the claim is made" means the date on which the claim is issued in accordance with rule 8.1(2).
--(7) Where, as regards any claim as is mentioned in rule 74.3(3), a ship has been served with a claim form or arrested in a claim in rem brought to enforce that claim, no other ship may be served with a claim form or arrested in that or any other claim in rem brought to enforce that claim: but this paragraph does not prevent the issue, in respect of any one such claim, of a claim form naming more than one ship or two or more claim forms each naming a different ship.
--(8) No claim in rem may be brought against the State.
Notes
Amended by Legal Notice 233 of 2005.
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