The Civil Procedure Rules 1998

[F1 Cautions against arrest E+W

61.7— (1) Any person may file a request for a caution against arrest.

(2) When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in [F2 Practice Direction 61] and—

(a) the person filing the request undertakes—

(i) to file an acknowledgment of service; and

(ii) to give sufficient security to satisfy the claim with interest and costs; or

(b) where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 he—

(i) states that such a fund has been constituted; and

(ii) undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

(3) A caution against arrest—

(a) is valid for 12 months after the date it is entered in the Register; but

(b) may be renewed for a further 12 months by filing a further request.

(4) Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

(5) Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—

(a) the arrest be discharged; and

(b) the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.]

Textual Amendments

F1 Pt. 61 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 5

F2 Words in rule 61.7(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 36(a)