Section 61.8

Where property is under arrest— an in rem claim form may be served upon it; and it may be arrested by any other person claiming to have an in rem claim against it. Any person who— may file a request for a caution against release in the form set out in Practice Direction 61. claims to have an in rem right against any property under arrest; and wishes to be given notice of any application in respect of that property or its proceeds of sale, When a request under paragraph (2) is filed, a caution against release will be entered in the Register. A caution against release— is valid for 12 months after the date it is entered in the Register; and may be renewed for a further 12 months by filing a further request. Property will be released from arrest if— it is sold by the court; the court orders release on an application made by any party; the arresting party; and all persons who have entered cautions against release file a request for release in the form set out in Practice Direction 61; or any party files— a request for release in the form set out in Practice Direction 61 (containing an undertaking); and consents to the release of the arresting party and all persons who have entered cautions against release. Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay. the court may not make an order under paragraph (5) if satisfied that there was good reason to— the caution. request the entry of; and maintain Any person— may be made a party to any claim in rem against the property or proceeds of sale. interested in property under arrest or in the proceeds of sale of such property; or whose interests are affected by any order sought or made, Where— they may, without being made parties, request the Marshal to authorise steps to discharge the cargo. a ship is not under arrest but cargo on board her is; or a ship is under arrest but cargo on board her is not; and persons interested in the ship or cargo wish to discharge the cargo, If— the Marshal will apply to the court for an order to permit the discharge of the cargo. the Marshal considers a request under paragraph (8) reasonable; and the applicant gives an undertaking in writing acceptable to the Marshal to pay— on demand, his fees; and all expenses to be incurred by him or on his behalf

← 5 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-08-15