The Civil Procedure (Amendment No. 5) Rules 2001

Release and cautions against release

61.8—(1) Where property is under arrest—

(a) an in rem claim form may be served upon it; and

(b) it may be arrested by any other person claiming to have an in rem claim against it.

(2) Any person who—

(a) claims to have an in rem right against any property under arrest; and

(b) wishes to be given notice of any application in respect of that property or its proceeds of sale,

may file a request for a caution against release in the form set out in the practice direction.

(3) When a request under paragraph (2) is filed, a caution against release will be entered in the Register.

(4) Property will be released from arrest if—

(a) it is sold by the court;

(b) the court orders release on an application made by any party;

(c) (i) the arresting party; and

(ii) all persons who have entered cautions against release

file a request for release in the form set out in the practice direction; or

(d) any party files—

(i) a request for release in the form set out in the practice direction (containing an undertaking); and

(ii) consents to the release of the arresting party and all persons who have entered cautions against release.

(5) 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.

(6) the court may not make an order under paragraph (5) if satisfied that there was good reason to—

(a) request the entry of; and

(b) maintain

the caution.

(7) Any person—

(a) interested in property under arrest or in the proceeds of sale of such property; or

(b) whose interests are affected by any order sought or made,

may be made a party to any claim in rem against the property or proceeds of sale.

(8) Where—

(a) (i) a ship is not under arrest but cargo on board her is; or

(ii) a ship is under arrest but cargo on board her is not; and

(b) persons interested in the ship or cargo wish to discharge the cargo,

they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.

(9) If—

(a) the Marshal considers a request under paragraph (8) reasonable; and

(b) the applicant gives an undertaking in writing acceptable to the Marshal to pay—

(i) his fees; and

(ii) all expenses to be incurred by him or on his behalf

on demand,

the Marshal will apply to the court for an order to permit the discharge of the cargo.