The Gibraltar Supreme Court (Admiralty Practice) (Amendment) Rules Order 1989

Statutory Instruments

1989 No. 1333

OVERSEAS TERRITORIES

The Gibraltar Supreme Court (Admiralty Practice) (Amendment) Rules Order 1989

Made

2nd August 1989

At the Court at Buckingham Palace, the 2nd day of August 1989

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 7 of the Colonial Courts of Admiralty Act 1890(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation

1.  This Order may be cited as the Gibraltar Supreme Court (Admiralty Practice) (Amendment) Rules Order 1989.

Approval of Rules of Court

2.  The Rules of Court made on 26th January 1989 by the Chief Justice of Gibraltar in exercise of the powers conferred on him by section 7 of the Colonial Courts of Admiralty Act 1890, section 36A of the Supreme Court Ordinance(2) and of all other enabling powers, and set out in the Schedule to this Order, are approved.

G. I. de Deney

Clerk of the Privy Council

SCHEDULE TO THE ORDER SUPREME COURT (ADMIRALTY PRACTICE) (AMENDMENT) RULES 1989

1.  These rules may be cited as the Supreme Court (Admiralty Practice) (Amendment) Rules 1989 and shall come into force on a day to be appointed by the Governor.

2.  The Schedule to the Supreme Court (Admiralty Practice) Rules 1978 is deleted and the following Schedule is substituted therefor.

SCHEDULE TO THE RULES RULE 3

FEES

In the Admiralty Registry

Item	£
In the Admiralty Registry
1.  On filing a praecipe–
(a) for a caveat against arrest	5.00
(b) for a warrant of arrest	5.00
(c) for service of a writ by the Marshal in an action in rem	5.00
(d) for a caveat against release and payment	5.00
2.  On filing a request for the attendance of assessors	5.00
3.  On entering a reference for hearing by the Registrar	20.00
4.  On sealing a notice of appeal from the Registrar to be heard in Chambers	15.00
5.  On a certificate by the Registrar as to judgement or order	5.00
In the Marshal’s Office
6.  On the lodging with the Marshal for execution:–
(a) a warrant of arrest	25.00
(b) an instrument of release	15.00
(c) a commission for the appraisement and sale of any property	15.00
7.  On the sale of a ship or cargo for every £100 or fraction of £100	1.00

Explanatory Note

(This note is not part of the Order)

In pursuance of section 7 of the Colonial Courts of Admiralty Act 1890, this Order approves Rules of Court regulating Court fees to be taken in the Supreme Court of Gibraltar in the exercise of the jurisdiction conferred by that Act.

(1)

1890 c. 27.

(2)

Laws of Gibraltar, 1984 Edition.