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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Applications for an interim remedy under section 25 (1) of the Civil Jurisdiction and Judgments Act 1982

Rule 8A—(1) A claim form for an interim remedy under section 25 (1) of the Civil Jurisdiction and Judgments Act 1982(1) (as extended by Order in Council made under section 25 (3)) may be served out of the jurisdiction with the permission of the Court.

(2) An application for the grant of permission under paragraph (1) must be supported by written evidence stating—

(a)the grounds on which the application is made;

(b)that in the belief of the witness the claimant has a good claim to an interim remedy;

(c)in what place or country the defendant is, or probably may be, found.

(3) The following provisions of this Order shall apply, with the necessary modifications, where service is to be effected under this rule as they apply where service is effected under rule 1—

  • Rule 1A (period for acknowledging service or filing or serving admission)

  • Rule 1B (period for filing defence);

  • Rule 4 (2), (3) and (4) (grant of permission);

  • Rule 5 (service of claim form abroad: general);

  • Rule 6 (service of claim form abroad through foreign governments, etc.); and

  • Rule 8 (undertaking to pay expenses of service).

(1)

1982 c. 27. Section 25 was amended by the Civil Jurisiction and Judgments Act 1991 (c. 12), section 3, schedule 2, paragraph 12.

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