Textual Amendments
F1Pt. 61 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 5
61.10—(1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party.
(2) [F2Unless the court is satisfied that there is good reason not to do so, if] the court makes an order for sale, it [F3must set]—
(a)F4... a time within which notice of claims against the proceeds of sale must be filed; and
(b)the time and manner in which [F5that time limit] must be advertised.
(3) Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.
(4) An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.
(5) Payment out of the proceeds of sale will be made only to judgment creditors and—
(a)in accordance with the determination of priorities; or
(b)as the court orders.]
Textual Amendments
F2Words in rule 61.10(2) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(a)
F3Words in rule 61.10(2) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(b)
F4Word in rule 61.10(2)(a) omitted (1.10.2021) by virtue of The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(c)
F5Words in rule 61.10(2)(b) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 10(d)