--(1) The general rule is that a claim form may only be served within four months after the date when the claim was issued.
--(2) The period of service is six months where the claim form is to be served out of the jurisdiction.
--(3) The period of service of an admiralty claim form in rem is twelve months.
--(4) A claim (including a counter-claim, ancillary claim and other similar claims) shall be automatically struck out if a claim form is not served within six months of the time fixed by paragraph (1), or extended for service.
--(5) Where a claim form is duly served and a defendant either does not enter an appearance or file a defence and the claimant who can, does not apply for judgment pursuant to Part 12 within six months of becoming entitled to do so, the claim (including a counter-claim, ancillary claim and other similar claims) shall be automatically struck out.
--(6) The striking out of a claim under this rule shall not prevent a party from filing new proceedings in respect of the same cause or matter within the relevant period of limitation, except that where a claim is twice struck out, the claimant shall obtain the permission of the court to file new proceedings in respect of such cause or matter.
--(Part 7 deals with service out of the jurisdiction; Part 74 deals with admiralty proceedings; Part 9 deals with appearance and notice of intention to defend; Part 10 deals with filing of a defence; Part 12 deals with default judgments; Part 18 deals with counter-claims, ancillary claims and other similar claims).
Notes
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
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