The Rules of the Supreme Court (Amendment No. 2) 1981

38.  Order 75, rule 5 shall be amended as follows:—

(1) In paragraph (4) the words from “a praecipe” to “warrant together with” shall be omitted and there shall be substituted, for the words “by paragraphs (7), (8), (9) and (11)”, the words “by paragraph (8)”.

(2) In paragraph (5) for the words “under paragraph (11)” there shall be substituted the words “under paragraph (7)”.

(3) Paragraph (7), (8), (9) and (10) shall be omitted and the existing paragraph (11) shall be renumbered (7).

(4) In paragraph (7) (as renumbered) the words from “In a case” to “exhibited to the affidavit.” shall be omitted.

(5) After paragraph (7) (as renumbered) there shall be added the following new paragraphs:—

“(8) An affidavit required by paragraph (4) must state—

(a) in every case:

(i) the nature of the claim or counterclaim and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and

(ii) the nature of the property to be arrested and, if the property is a ship, the name of the ship and her port of registry; and

(b) in the case of a claim against a ship by virtue of section 21(4) of the Supreme Court Act 1981:

(i) the name of the person who would be liable on the claim in an action in personam (“the relevant person”); and

(ii) that the relevant person was when the cause of action arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose; and

(iii) that at the time of the issue of the writ the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and

(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by paragraph (5) has been sent; and

(d) in the case of a claim where notice is required to be served on a consular officer under paragraph (7), that such notice has been served.

(9) The following documents shall, where appropriate, be exhibited to an affidavit required by paragraph (4)—

(a) a copy of any notice sent to a consul under paragraph (5);

(b) a certified copy of any bottomry bond, or of the translation thereof, produced under paragraph (6);

(c) a copy of any notice served on a consular officer under paragraph (7).”.