--(1) Subject to paragraph (2), a claim form by which a claim in rem is begun must be served on the property against which the proceedings is brought, save that-
----(a) where the property is freight, the claim must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried; and
----(b) where the property has been sold by the marshal, the claim may not be served on that property but a sealed copy of it must be filed and the claim shall be deemed to have been duly served on the day on which the copy was filed.
--(2) A claim form need not be served or filed as mentioned in paragraph (1) if it is deemed to have been duly served on the defendant by virtue of rule 5.17(2) or (3).
--(3) Where by virtue of this rule a claim form is required to be served on any property, the claimant may request service of the claim to be effected by the marshal if, but only if, a warrant of arrest has been issued for service against the property or the property is under arrest, and in that case the claimant must file a request in the appropriate practice form and lodge-
----(a) the claim form and a copy thereof; and
----(b) an undertaking to pay on demand all expenses incurred by the marshal or his substitute in respect of the service of the claim form,
--and thereupon the marshal or his substitute must serve the claim form on the property described in the request.
--(4) Where a claim form is served on any property by the marshal or his substitute, the person effecting service must endorse on the claim the following particulars:
----(a) where it was served;
----(b) the property on which it was served;
----(c) the day of the week and the date on which it was served;
----(d) the manner in which it was served; and
----(e) the name and the address of the person effecting service,
--and the endorsement is evidence of the facts stated.
--(5) Where the claimant in a claim in rem, or his attorney-at-law, becomes aware that there is in force a caveat against arrest with respect to the property against which the proceedings is brought, he must serve the claim forthwith on the person at whose instance the caveat was entered.
--(6) The general rule is that where a claim form by which a claim in rem is begun is amended after service under Part 20, the amended claim form must be served on any intervener and any defendant who has acknowledged issue or service of the claim form or, if no defendant has acknowledged issue or service of the claim, it must be served or filed in accordance with paragraph (1).
--(7) The court may, however, otherwise direct.
--(8) An application for such a direction maybe made without notice but must be supported by evidence.
Notes
Back to Part (74. Admiralty Proceedings)