[F1PART 61E+WADMIRALTY CLAIMS

Textual Amendments

Special provisions relating to collision claimsE+W

61.4—(1) This rule applies to collision claims.

(2) A claim form need not contain or be followed by particulars of claim and rule 7.4 does not apply.

(3) An acknowledgment of service must be filed.

(4) A party who wishes to dispute the court’s jurisdiction must make an application under Part 11 within 2 months after filing his acknowledgment of service.

(5) Every party must—

(a)within 2 months after the defendant files the acknowledgment of service; or

(b)where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,

file at the court a completed collision statement of case in the form specified in the practice direction.

(6) A collision statement of case must be—

(a)in the form set out in the practice direction; and

(b)verified by a statement of truth.

(7) A claim form in a collision claim may not be served out of the jurisdiction unless—

(a)the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981; or

(b)the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with [F2Section IV] of Part 6.

(8) Where permission to serve a claim form out of the jurisdiction is given, the court will specify the period within which the defendant may file an acknowledgment of service and, where appropriate, a collision statement of case.

(9) Where, in a collision claim in rem (“the original claim”)—

(a)(i)a Part 20 claim; or

(ii)a cross claim in rem

arising out of the same collision or occurrence is made; and

(b)(i)the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and

(ii)the party bringing the Part 20 claim or cross claim is unable to arrest a ship or otherwise obtain security,

the party bringing the Part 20 claim or cross claim may apply to the court to stay the original claim until sufficient security is given to satisfy any judgment that may be given in favour of that party.

(10) The consequences set out in paragraph (11) apply where a party to a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury)—

(a)makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;

(b)that offer is not accepted; and

(c)the maker of the offer obtains at trial an apportionment equal to or more favourable than his offer.

(11) Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs—

(a)the maker of the offer will be entitled to—

(i)all his costs from 21 days after the offer was made; and

(ii)his costs before then in the percentage to which he would have been entitled had the offer been accepted; and

(b)all other parties to whom the offer was made—

(i)will be entitled to their costs up to 21 days after the offer was made in the percentage to which they would have been entitled had the offer been accepted; but

(ii)will not be entitled to their costs thereafter.

(12) An offer under paragraph (10) must be in writing and must contain—

(a)an offer to settle liability at stated percentages;

(b)an offer to pay costs in accordance with the same percentages;

(c)a term that the offer remain open for 21 days after the date it is made; and

(d)a term that, unless the court orders otherwise, on expiry of that period the offer remains open on the same terms except that the offeree should pay all the costs from that date until acceptance.]

Textual Amendments

F2Words in rule 61.4(7)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 33(a)