SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Initiation andprogress of causes

CHAPTER 6 ARRESTMENT

6 Service of schedule of arrestment

If a schedule of arrestment has not been personally served on an arrestee, the arrestment shall have effect only if a copy of the schedule is also sent by registered post or the first class recorded delivery service to—

a

the last known place of residence of the arrestee, or

b

if such place of residence is not known, or if the arrestee is a firm or corporation, to the arrestee’s principal place of business if known, or, if not known, to any known place of business of the arrestee;

and the sheriff officer shall, on the certificate of execution, certifiy that this has been done and specify the address to which the copy of the schedule was sent.

6 Arrestment on dependence before service

1

An arrestment on the dependence of a cause used before service shall cease to have effect unless—

a

the initial writ is served within 20 days from the date of arrestment; and

b

in the case of an undefended cause, decree in absence has been pronounced within 20 days after the expiry of the period of notice.

2

After such an arrestment has been executed, the party who executed it shall forthwith report the execution to the sheriff clerk.

6 Movement of arrested property

1

Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of an arrestment to found jurisdiction or on the dependence of a cause.

2

Where the court grants a warrant sought under paragraph (1), it may make such further order as it thinks fit to give effect to that warrant.