Page 1170 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(iii) a draft of the order sought; and
(b) the court shall, when the claim form is issued —

(i) fix a hearing at which directions shall be given as to publicity for the
application and any other matter appearing to the court to be
expedient; and
(ii) give notice of the time and place of the hearing to the claimant, any
defendant and the Attorney General.
(7) Paragraph (6) applies with any necessary modifications to an application for
approval of a scheme under —
(a) Schedule 3 to the Church Act 1992;
(b) Part 1 of Schedule 1 to the National Health Service Act 2001; or
(c) Schedule 8 to the Education Act 2001.

CHAPTER 5: ADMIRALTY PROCEEDINGS

13.36 Scope and interpretation (61.1)
(1) This Chapter applies to admiralty claims.
(2) In this Chapter —
‘admiralty claim’ means a claim within the Admiralty jurisdiction of the court as set
out in Schedule 1 to the High Court Act 1991;
‘claim in rem’ means a claim in an admiralty action in rem, and ‘claim in rem form’
means a claim form in a claim in rem;
‘collision claim’ means a claim within paragraph 3(b) of Schedule 1 to the High
Court Act 1991;
‘limitation claim’ means a claim within paragraph 3(c) of that Schedule;
‘salvage claim’ means a claim —
(a) for or in the nature of salvage;
(b) for special compensation under Article 14 of Schedule 11 to the Merchant
Shipping Act 1995 (an Act of Parliament);
(c) for the apportionment of salvage; and
(d) arising out of or connected with any contract for salvage services;
‘caution against arrest’ means a caution entered in the Register under rule 13.42;
‘caution against release’ means a caution entered in the Register under rule 13.43;
‘the register’ means the register of cautions maintained under rule 13.41;
‘ship’ includes any vessel used in navigation

13.37 Claims in rem (61.3)
(1) This rule applies to claims in rem.
(2) The title of the proceedings shall begin with the words ‘Admiralty claim in
rem against’ and brief particulars of the property against which the claim is made (including,
in the case of a ship, her name and port of registry).
(3) Subject to rule 13.38, the particulars of claim must be —
(a) contained in or served with the claim form; or
(b) served on the defendant by the claimant within 75 days after service of the
claim form.

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