--(1) The claimant must-
----(a) within 7 days after the acknowledgment of issue or service of the claim 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 entering an appearance,
--apply to the court for a decree limiting his liability or, in default of such a decree, for directions as to the future proceedings in the claim.
--(2) The application must be supported by an affidavit-
----(a) verifying the claimant's case in the proceedings;
----(b) if no defendant identified in the claim by his name has acknowledged service, proving service of the claim on at least one of the defendants so identified; and
----(c) stating-
--------(i) the names of all the persons who, to the knowledge of the claimant, have claims against him in respect of the casualty to which the proceedings relates, not being defendants to the claim who are identified in the claim form by their names; and
--------(ii) the address of each of those persons if known to the claimant.
--(3) The application and every affidavit in support must be served on every defendant who has acknowledged issue or service of the claim at least 28 days before the hearing of the application.
--(4) Any defendant who disputes the claimant's claim to limit his liability or alleges that he is unable to decide whether to dispute that claim must, within 14 days of the service upon him of the application and any affidavit in support, serve upon the claimant an affidavit stating the grounds upon which he relies to dispute the claimant's claim to limit his liability or such facts and matters as could justify the court in giving a direction under paragraph (7) of this rule.
--(5) The claimant may, within 7 days of service upon him of any affidavit under paragraph (4), serve such further affidavit evidence as he may wish upon any defendant who has served an affidavit under paragraph (4) of this rule.
--(6) If on the hearing of the application it appears to the court that the claimant's claim to limit his liability is not disputed, he must make an order limiting the claimant's liability to a specified amount.
--(7) If on the hearing of the application it appears to the court that any defendant has not sufficient information to enable him to decide whether to dispute the claimant's claim to limit his liability, it may, on such terms as seem just, give such directions as appear appropriate to enable the defendant to obtain such information and adjourn the hearing to a specified date, time and place.
--(8) Any defendant who thereafter disputes the claimant's claim to limit his liability must state on affidavit the grounds upon which he relies and serve such affidavit on the claimant at least 10 clear days before the adjourned hearing of the application.
--(9) If on the hearing or the adjourned hearing of the application, the court does not make a decree limiting the claimant's liability, it must proceed to deal with the application as a case management conference.
--(10) Any defendant who, after the court has given directions under paragraph (7) or (9), ceases to dispute the claimant's right to limit his liability, must forthwith file a notice to that effect and serve a copy on the claimant and on any other defendant who has acknowledged issue or service of the claim.
--(11) If every defendant who disputes the claimant's right to limit his liability serves a notice on the claimant under paragraph (10), the claimant may apply to the court for an order limiting his liability, and paragraphs (3) and (6) apply to such an application.
Notes
Amended by Legal Notice 233 of 2005.
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