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14.4.—(1) A petition shall be in Form 14.4.
(2) A petition shall include–
(a)a statement of facts in numbered paragraphs setting out the facts and circumstances on which the petition is founded; and
(b)a prayer setting out the orders sought.
(3) In a petitio n presented under an enactment, the statement of facts shall expressly refer to the relevant provision under the authority of which the petition is presented.
(4) Where a petition is one to which the Civil Jurisdiction and Judgments Act 1982(1) applies, the statement of facts shall include averments stating–
(a)the ground of jurisdiction of the court, unless jurisdiction would arise only if the respondent prorogated the jurisdiction of the court without contesting jurisdiction;
(b)unless the court has exclusive jurisdiction, whether or not there is an agreement prorogating the jurisdiction of a court in another country; and
(c)whether or not there are proceedings involving the same cause of action in subsistence between the parties in a country to which the convention in Schedule 1 or 3C to that Act(2) applies and the date any such proceedings commenced.
(5) The prayer of a petition shall crave warrant for such intimation, service and advertisement as may be necessary having regard to the nature of the petition, or as the petitioner may seek; and the name, address and capacity of each person on whom service of the petition is sought shall be set out in a schedule annexed to, and referred to in, the prayer of the petition.
(6) Where it is sought in a petition–
(a)to dispense with intimation, service or advertisement, or
(b)to shorten or extend the period of notice,
the appropriate order shall be craved in the prayer, and the grounds on which the order is sought shall be set out in the statement of facts.
Commencement Information
I1Sch. 2 rule 14.4 in force at 5.9.1994, see para. 1(1)
Schedule 1 to the Civil Jurisdiction and Judgments Act 1982 was substituted by S.I. 1990/2591 and Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 1(3).
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