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74.1 (1) This Part applies to Admiralty proceedings including those

proceedings listed in rule 74.2 and all other Admiralty

jurisdiction which the High Court has had in the past and the

other provisions of these Rules apply to those proceedings

subject to the provisions of this Part.

(2) In this Part -

"the Act" means the Shipping Act 1997, No 24 of 1987;

"claim in rem" means any such claim as is mentioned in rule 74.3;

"caveat against arrest" means a caveat entered in the caveat

book under rule 74.10;

"caveat against release and payment" means a caveat entered

in the caveat book under rule 74.15;

"caveat book" means the book in which caveats issued under

this Part are entered;

"collision regulations" means regulations made under section 204 of the the Act or in accordance with any international convention or treaty applicable to Trinidad and Tobago;

"limitation claim" means any proceedings by shipowners

or other persons Part XVIII of the the Act for the limitation of the amount of their liability in connection with a ship or other property;

"ship" includes every description of vessel used in

navigation and not propelled by oars.

(3) Any reference to acknowledging service (or issue) of a

claim form is to be construed as doing so by entering an

appearance in accordance with Part 9.

Claims to be dealt with under this Part

74.2 The following claims, questions and proceedings, namely -

(a) any claim to the possession or ownership of a ship or to the

ownership of any share therein, including power to settle any

account outstanding and unsettled between the parties in relation

to the ship, and to direct that the ship, or any share thereof, must

be sold, and to make such other order as the court thinks fit;

(b) any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

(c) any claim in respect of a mortgage of or charge on a ship or any share therein;

(d) any claim for damage received by a ship;

(e) any claim for damage done by a ship;

(f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect of fault of -

(i) the owners, charterers or persons in possession or control

of a ship; or

(ii) the master or crew of a ship, or any other person for

whose wrongful acts, neglects or defaults the owners,

charterers or persons in possession or control of a ship

are responsible,

being an act, neglect or default in the navigation or management of a ship, in the loading, in the loading, carriage or disembarkation of persons on, in or from the ship;

(g) all proceedings to enforce a claim for damage, loss of life or

personal injury arising out of -

(i) a collision between ships, or

(ii) the carrying out of or omission to carry out a manoeuvre

in the case of one or more of two or more ships, or

(iii) non-compliance, on the part of one or more of two or

more ships, with the collision regulations;

(h) any claim for loss or damage to goods carried in a ship;

(j) any claim arising out of any agreement relating to the carriage

of goods in a ship or to the use or hire of a ship;

(k) any claim -

(i) under the International Convention on Salvage 1989; or

(ii) under any contract for or in relation to salvage services;

or

(iii) in the nature of salvage not falling within (i) or (ii) above,

or any corresponding claim in connection with an aircraft;

(l) any claim in the nature of towage in respect of a ship or an aircraft;

(m) any claim in the nature of pilotage in respect of a ship or an aircraft;

(n) any claim in respect of goods or materials supplied to a ship for her operation or maintenance; and

(o) any claim in respect of the construction, repair or equipment of a ship or dock charges or dues; and

(p) subject to the limitations imposed by section 136 of the The Act, any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);

(q) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

(r) any claim arising out of an act whish is or is claimed to be a general average act;

(s) any claim arising out of bottomry;

(t) any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty; and

(u) any application to the court under the Shipping Act 1997, No 24 of 1987; and

(v) every limitation claim,

in relation to

(i) all ships or aircraft whether Trinidadian or not and whether registered or not and wherever the residence or domicile of their owners may be;

(ii) all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and

(iii) (so far as they relate to mortgages or charges) all mortgages or charges, whether registered or not and whether legal or equitable including mortgages and charges created under foreign law,

are to be dealt with as Admiralty claims.

Admiralty claims in rem

74.3 (1) In the case of any such claim or question as is mentioned in rule

74.(a),(b),(c) or (t) a claim in rem may be brought against the

ship or property in connection with which the claim or question

arises.

(2) In any case in which there is a maritime lien or other charge on

any ship aircraft or other property for the amount claimed,

a claim in rem may be brought against that ship, aircraft or property.

(3) In the case of any such claim as is mentioned in rule 74.2(e), (f) and (h) to (s) where -

(a) the claim arises in connection with a ship; and

(b) the person who would be liable in a claim in personam

('the relevant person') was, when the cause of action

arose, the owner or charterer, or in possession or in

control, of the ship

a claim in rem may (whether or not the claim gives rise to a

maritime lien on that ship) be brought against -

(i) that ship, if at the time when the claim is made the

relevant person is the beneficial owner of that ship

as respects all the shares in it; or

(ii) any other ship of which, at the time when the claim is

made the relevant person is the beneficial owner as

respects all the shares in it.

(4) In the case of a claim in the nature of towage or pilotage in

respect of an aircraft, a claim in rem may be brought against that

aircraft if, at the time when the claim is made, it is beneficially

owned by the person who would be liable on the claim in a

claim in personam.

(5) For the purpose of determining under paragraphs (3) and (4)

whether a person would be liable on a claim in personam it shall

be assumed that he has a habitual residence or place of business in Trinidad and Tobago.

(6) In this rule "the time when the claim is made" means the date on

which the claim is issued in accordance with rule 8.1(2).

(7) Where, as regards any claim as is mentioned in rule 74.3(3), a

ship has been served with a claim form or arrested in a claim in

rem brought to enforce that claim, no other ship may be served

with a claim form or arrested in that or any other claim in rem

brought to enforce that claim: but this paragraph does not

prevent the issue, in respect of any one such claim, of a claim

form naming more than one ship or two or more claim forms

each naming a different ship.

(8) No claim in rem may be brought against the State.

How to make an Admiralty claim

74.4 (1) A claim in rem must be begun by a claim form in Form No 17.

(2) A claim in personam is begun must begun by a claim

form in Form No 1.

(3) A limitation claim must be begun by a claim form in Form No 17A

(4) A claim in rem and a claim in personam may not be combined in the same claim form.

(Part 8 deals with the issue of a Claim Form, Part 6 deals with

the service of a Claim Form)

Service of claim in rem

74.5 (1) Subject to paragraph (2), a claim form by which an claim in rem

is begun must be served on the property against which the proceedings is brought, save that -

(a) where the property is freight, the claim must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried; and

(b) where the property has been sold by the marshal, the claim may not be served on that property but a sealed copy of it must be filed and the claim shall be deemed to have been duly served on the day on which the copy was filed.

(2) A claim form need not be served or filed as mentioned in

paragraph (1) if it is deemed to have been duly served on the defendant by virtue of rule 5.17(2) or (3).

(3) Where by virtue of this rule a claim form is required to be served on any property, the claimant may request service of the claim to be effected by the marshal if, but only if, a warrant of arrest has been issued for service against the property or the property is under arrest, and in that case the claimant must file a request in the appropriate practice form and lodge -

(a) the claim form and a copy thereof, and

(b) an undertaking to pay on demand all expenses incurred by the marshal or his substitute in respect of the service of the a claim form,

and thereupon the marshal or his substitute must serve

the claim form on the property described in the request.

(4) Where a claim form is served on any property by the

marshal or his substitute, the person effecting service

must endorse on the claim the following particulars -

(a) where it was served; and

(b) the property on which it was served; and

(c) the day of the week and the date on which it was

served; and

(d) the manner in which it was served; and

(e) the name and the address of the person effecting

service,

and the endorsement is evidence of the facts

stated.

(5) Where the claimant in an claim in rem, or his attorney,

becomes aware that there is in force a caveat against

arrest with respect to the property against which the

proceedings is brought, he must serve the claim

forthwith on the person at whose instance the caveat was

entered.

(6) The general rule is that where a claim form by which a claim in rem is begun is amended after service under Part 20, the amended claim form must be served on any intervener and any defendant who has acknowledged issue or service of the claim form or, if no defendant has acknowledged issue or service of the claim, it must be served or filed in accordance with paragraph (1).

(7) The court may however otherwise direct.

(8) An application for such a direction may be made without notice but must be supported by evidence.

Service on ships, etc: how effected

74.6 (1) The general rule is that service of a warrant of arrest or

claim form in proceedings in rem against a ship, freight or

cargo is to be effected by -

(a) affixing the warrant or claim form for a short time on

any mast of the ship or on the outside of any suitable

part of the ship’s superstructure, and

(b) on removing the warrant or claim form, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the claim form) on a sheltered, conspicuous part of the ship.

(2) However, service of a warrant of arrest or claim form in

proceedings in rem against freight or cargo or both, if the

cargo has been landed or transhipped, is to be effected -

(a) by placing the warrant or claim form for a short time

on the cargo and, on removing the warrant or claim

form, leaving a copy of it on the cargo; or

(b) if the cargo is in the custody of a person who will not

permit access to it, by leaving a copy of the warrant

or claim form with that person.

Service of claim form out of jurisdiction

74.7 (1) A claim form under rules 74.2(1)(g) or (v) other than a claim in

rem may be served out of the jurisdiction with the permission of

the court if -

(a) the defendant has his habitual residence or a place of

business within Trinidad and Tobago, or

(b) the facts out of which the claim arises took place within waters of Trinidad and Tobago or within the limits of a port of Trinidad and Tobago, or

(c) a claim arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

(2) An application to serve a claim form out of the jurisdiction must

be made in accordance with Rule 7.5.

(3) In this rule -

"waters of Trinidad and Tobago" has the meaning placed on it by section 2 of the Act; and

"port" includes a place and a harbour.

Appearance

74.8 A defendant to a claim in rem which has not been served, or a defendant

to a limitation claim who has not been served with the claim, may, if he

desires to take part in the proceedings, acknowledge the issue of the

claim by entering an appearance substituting for the references to

service of references to issue of the claim.

Warrant of arrest

74.9 (1) In a claim in rem the claimant or defendant may, after the issue

of the claim in the proceedings and subject to the provisions of

this rule, issue a warrant in Form No 18 for the arrest of the

property against which the claim or counterclaim is brought.

(2) Before a warrant to arrest any property is issued the party

intending to use it must procure a search to be made in the

caveat book for the purpose of ascertaining whether there is a

caveat against arrest in force with respect to that property.

(3) The general rule is that a warrant of arrest may not be issued

until the party intending to issue the same has filed an affidavit

made by him or his agent containing the following particulars -

(a) in every case -

(i) the nature of the claim or counterclaim and that it

has not been satisfied and, if it arises in

connection with a ship, the name of that ship; and

(ii) the nature of the property to be arrested and, if

the property is a ship, the name of the ship and

her port of court office; and

(b) in the case of a claim against a ship under rule 74.2(e) to

(f) and (h) to(s):

(i) the name of the person who would be

liable on the claim in a claim in personam ("the relevant person"); and

(ii) that the relevant person was when the cause of proceedings arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose; and

(iii) that at the time of the issue of the claim the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and

(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by paragraph (7) has been sent; and

(4) Where appropriate a copy of any notice sent to a consul under paragraph (7) must be exhibited to an affidavit required by paragraph (3).

(5) The court may, however, give permission to issue the warrant notwithstanding that the affidavit does not contain all those particulars.

(6) A warrant of arrest may not be issued without the

permission of the court in the case of property whose beneficial ownership has, since the issue of the claim, changed as a result of a sale or disposal by the court.

(7) The general rule is that a warrant of arrest may not be issued in an claim in rem against a foreign ship belonging to a port of a State having a consulate in Port of Spain being a claim for possession of the ship or for wages, until notice that the proceedings has been begun has been sent to the consul or the court gives permission.

(8) Issue of a warrant of arrest takes place upon its being sealed by the court office.

Caveat against arrest

74.10 (1) Except in a case to which paragraph (2) applies, a

person who wishes to prevent the arrest of any property

must file a request in the appropriate practice form

signed by him or his attorney undertaking -

(a) to acknowledge issue or service (as may be

appropriate) of the claim form in any claim that

may be made against the property described in

the request; and

(b) within 3 days after receiving notice that such a

claim has been made, to give bail in that claim in

a sum not exceeding an amount specified in the

request or to pay the amount so specified into

court;

and on the filing of the request a caveat against the issue

of a warrant to arrest the property described in the

request must be entered in the caveat book.

(2) Where a claimant in a limitation proceedings has

constituted a limitation fund in accordance with Article

11 of the Convention on Limitation of Liability for

Maritime Claims 1976 and rule 74.35, and desires to

prevent the arrest of any property for a claim which may

be or has been made against the fund, he must file in the

court office a request, in the appropriate practice form

signed by him or his attorney -

(a) stating that a limitation fund in respect of

damage arising from the relevant incident has

been constituted; and

(b) undertaking to acknowledge issue or service (as

may be appropriate) of the claim form in any

claim that may be begun against the property

described in the request,

and on the filing of the request a caveat against the issue

of a warrant to arrest the property described in the

request must be entered in the caveat book.

(3) The fact that there is a caveat against arrest in force does

not prevent the issue of a warrant to arrest the property

to which the caveat relates.

(4) Where any property with respect to which a caveat

against arrest is in force is arrested in pursuance of a

warrant of arrest, the party at whose instance the caveat

was entered may apply to the court for an order

discharging the warrant and, on the hearing of the

application, the court, unless it is satisfied that the party

procuring the arrest of the property had a good and

sufficient reason for so doing, may by order discharge

the warrant and may also order the last-mentioned party

to pay to the applicant damages in respect of the loss

suffered by the applicant as a result of the arrest.

Committal of attorney for failing to comply with undertaking

74.11 Where the attorney for a party to an claim in rem fails to comply

with a written undertaking given by him to any other party or his

attorney to acknowledge issue or service of the claim form, give

bail or pay money into court in lieu of bail, he is liable to

committal.

Execution, etc, of warrant of arrest

74.12 (1) A warrant of arrest is valid for 12 months beginning with the

date of its issue.

(2) A warrant of arrest may be executed only by the marshal or his

substitute.

(3) A warrant of arrest may not be executed until an undertaking to

pay on demand the fees of the marshal and all expenses incurred

by him or on his behalf in respect of the arrest of the property

and the care and custody of it while under arrest has been lodged

in the marshal’s office.

(4) A warrant of arrest may not be executed if the party at whose

instance it was issued lodges a written request to that effect with

the marshal.

(5) The general rule is that a warrant of arrest must be served on the

property against which it is issued.

(6) However, a warrant of arrest issued against freight may be

executed by serving the warrant on the cargo in respect of which

the freight is payable or on the ship in which that cargo was

carried or on both of them.

(7) Within 7 days after the service of a warrant of arrest, the warrant

must be filed.

Directions with respect to property under arrest

74.13 (1) The marshal may at any time apply to the court for directions

with respect to property under arrest in any proceedings and

may, and if the court so directs, must give notice of the application to any or all of the persons referred to in paragraph (2).

(2) The marshal must send by post a copy of any order made on an

application under paragraph (1) to all those persons who, in

relation to that property, have -

(a) entered a caveat which is still in force; or

(b) caused a warrant for the arrest of the property to

be executed by the marshal; or

(c) acknowledged issue or service of the claim form

in any claim in which the property is under

arrest; or

(d) intervened in any claim in which the property is

under arrest.

(3) A person other than the marshal may make an

application under this rule.

(4) The application together with copies of any affidavits in

support must be served upon the marshal and all persons

referred to in paragraph (2) unless the court otherwise

orders.

(5) An application for an order dispensing with service may

be made without notice.

Release of property under arrest

74.14 (1) Except where property arrested in pursuance of a warrant of

arrest is sold under an order of the court, such property may only be released under the authority of a release in in the appropriate practice form.

(2) A release may not be issued with respect to property as to which

a caveat against release is in force, unless, either -

(a) at the time of the issue of the release the property is under arrest in one or more other proceedings, or

(b) the court so orders.

(3) A release may be issued at the instance of any party to the

claim in which the warrant of arrest was issued if the court

so orders, or, subject to paragraph (2), if all the other parties,

except a defendant who has not acknowledged issue or

service of the claim form, consent.

(4) Before a release is issued, the party applying for its issue must,

unless paragraph (2)(a) applies, give notice to any person at

whose instance a subsisting caveat against release has been

entered, or to his attorney, requiring the caveat to be withdrawn.

(5) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the marshal either -

(a) pay the fees of the marshal already incurred and

lodge in the marshal’s office an undertaking to

pay on demand the other fees and expenses in

connection with the arrest of the property and the

care and custody of it while under arrest and of

its release, or

(b) lodge in the marshal’s office an undertaking to

pay on demand all such fees and expenses,

whether incurred or to be incurred.

(6) The court, on the application of any party who objects to

directions given to him by the marshal under paragraph

(5), may vary or revoke the directions.

Caveat against release etc

74.15 (1) Where a person claiming to have a right to claim in rem

against any property which is under arrest or the proceeds of sale

thereof wishes to be served with notice of any application to the

court in respect of that property or those proceeds, he must file a

request in the appropriate practice form and, on the filing of

that request, a caveat must be entered in the caveat book.

(2) Where the release of any property under arrest is delayed by

the entry of a caveat under this rule, any person having an

interest in that property may apply to the court for an order

requiring the person who procured the entry of the caveat to

pay to the applicant damages in respect of the loss suffered

by the applicant by reason of the delay, and the court, unless

it is satisfied that the person procuring the entry of the caveat

had a good and sufficient reason for so doing, may make an

order accordingly.

(3) Where the court makes an order under paragraph (2), it must assess the costs.

Duration of caveats

74.16 (1) Every caveat entered in the caveat book is valid for 12 months

beginning with the date of its entry but the person at whose

instance a caveat was entered may withdraw it by filing a

request in the appropriate practice form.

(2) The period of validity of a caveat may not be extended, but

this provision is not to be taken as preventing the entry of successive caveats.

Bail

74.17 (1) Except in the case where a ship or aircraft has been arrested in

respect of a claim under rules 74.2(a) or (b), the court must

permit the release of a ship or aircraft which has been arrested

upon sufficient bail being provided.

(2) Where a ship or aircraft has been arrested in respect of a claim under rules 74.2(a) or (b) the court may -

(a) permit the person in possession of the ship or aircraft to continue trading upon such person providing sufficient bail; or

(b) deal otherwise with the operation of the ship during the period of arrest.

(3) In default of agreement between the parties as to the amount of

bail, the court must determine the nature and amount of such

bail.

(4) Bail on behalf of a party to an claim in rem may be given

by -

(a) bond in the appropriate practice form; or

(b) a bank guarantee or other security from a reputable

financial institution acceptable to the marshal.

(4) Sureties to a bond must enter into the bond before a

commissioner for affidavits not being a commissioner who, or

whose partner or associate, is acting as attorney or agent for the party on whose behalf the bail is to be given.

(5) Subject to paragraph (6), a surety to a bail bond must make

a affidavit stating that he is able to pay the sum for which

the bond is given.

(6) Where a corporation is a surety to a bail bond given on behalf

of a party, no affidavit may be made under paragraph (2) on

behalf of the corporation unless the opposite party requires it,

but where such an affidavit is required it must be made by a

director, manager, secretary or other similar officer of the

corporation.

(7) The party on whose behalf bail is given must serve on the

opposite party a notice of bail containing the names and

addresses of the persons who have given bail on his behalf

and of the commissioner before whom the bail bond was

entered into.

(8) After the expiration of 24 hours from the service of the notice

(or sooner with the consent of the opposite party) the party on

whose behalf bail is given may file the bond and must at the

same time file -

(a) the affidavits (if any) made under paragraph (2);

and

(b) an affidavit proving due service of the notice of

bail to which a copy of that notice must be

exhibited.

Intervenors

74.18 (1) Where property against which a claim in rem is brought is under

arrest or money representing the proceeds of sale of that

property is in court, a person who has an interest in that property

or money but who is not a defendant to the proceedings may,

with the permission of the court, intervene in the proceedings.

(2) An application for permission must not be made on notice.

(3) It must however be supported by evidence showing the interest

of the applicant in the property against which the proceedings is

brought or in the money in court.

(4) A person to whom leave is granted under this rule becomes

a party to the proceedings.

(5) The court may order that a person to whom it grants leave to

intervene in proceedings must, within such period or periods as

may be specified in the order, serve on any other party to the

proceedings such notice of his intervention and such pleading as

may be specified.

Preliminary Acts

74.19 (1) The rule deals with proceedings relating to damage, loss

of life or personal injury arising out of a collision

between ships.

(2) The following provisions apply unless the court

otherwise orders.

(3) The claimant must within two months after service of

the claim form on any defendant and the defendant must

within two months of acknowledging issue or service of

the claim file in the court office a document in two parts

(in these rules referred to as a "preliminary act")

containing a statement of the following -

Part One

(a) the names of the ships which came into collision

and their ports of court office; and

(b) the length, breadth, gross tonnage, horsepower and draught at the material time of the ship and the nature and tonnage of any cargo carried by the ship; and

(c) the date and time (including the time zone) of the

collision; and

(d) the place of the collision; and

(e) the direction and force of the wind; and

(f) the state of the weather; and

(g) the state, direction and force of the tidal or other

current; and

(h) the position, the course steered and speed

through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier; and

(i) the lights or shapes (if any) carried by the ship;

and

(j) (i) the distance and bearing of the other ship

if and when her echo was first observed

by radar; and

(ii) the distance, bearing and approximate

heading of the other ship when first seen;

and

(k) what lights or shapes or combinations of lights or

shapes (if any) of the other ship were first seen; and

(l) what other lights or shapes or combinations of

lights or shapes (if any) of the other ship were

subsequently seen before the collision, and

when; and

(m) what alterations (if any) were made to the course

and speed of the ship after the earlier of the two

times referred to in article (h) up to the time of

the collision, and when, and what measures (if

any) other than alterations of course or speed,

were taken to avoid the collision, and when; and

(n) the heading of the ship, the parts of each ship

which first came into contact and the

approximate angle between the two ships at the

moment of contact, what light or shape or

combination of lights or shapes (if any) of the

other ship was first seen; and

(o) what sound signals (if any) were given, and

when; and

(p) what sound signals (if any) were heard from the

other ship, and when.

Part Two

(a) a statement that the particulars in Part One are

incorporated in Part Two; and

(b) any other facts and matters upon which the party

filing the preliminary act relies;

(c) all allegations of negligence or other fault which

the party filing the preliminary act makes;

(d) the remedy or relief which the party filing the

preliminary act claims;

(3) Part Two of the preliminary act shall be deemed to be

the statement of case of the person filing the preliminary

act including, in the case of the defendant, a counterclaim, and rules 8.4 to 8.10 and 10.5 to 10.8

apply to it save insofar as this rule and rule 74.21 provides otherwise.

(4) The court may order that Part Two of the preliminary

act need not be filed by the claimant or defendant and

give directions for the further conduct of the

proceedings.

(5) Every preliminary act must be sealed before filing and

be filed in a sealed envelope which must not be opened

except as provided in paragraph (7) or by order of the

court.

(6) A claimant must serve notice of filing his preliminary act

on every defendant who acknowledges issue or service

of the claim within 3 days of receiving notice of that

acknowledgement or upon filing his preliminary act, whichever is the later. A defendant must, upon filing his preliminary act, serve notice that he has done so on the claimant and on every other defendant who has acknowledged issue or service of the claim.

(7) Any party may inspect and bespeak a copy of the

preliminary act of any other party upon filing a consent

signed by that other party or his attorney.

(8) Within 14 days after the last preliminary act in the

proceedings is filed each party must serve on every other party a copy of his preliminary act.

(9) At any time after all preliminary acts have been filed any party may apply to the court for an order that -

(a) one or more parties file a schedule of the

damages claimed by them and serve a copy

thereof on every other party, and

(b) that the damages be assessed prior to or at the

trial on liability.

(10) Wherever practicable such an application must be dealt

with at the case management conference.

Failure to file preliminary act: proceedings against party in default

74.20 (1) Where in proceedings covered by rule 74.19(1) the

claimant fails to file a preliminary act within the

prescribed period, any defendant who has filed such an

act may apply to the court for an order to dismiss the

proceedings, and the court may by order dismiss the proceedings or make such other order on such terms as it thinks fit.

(2) Where in such proceedings, being a claim in personam, a

defendant fails to file a preliminary act within the prescribed period, Part 12 applies as if the defendant’s failure to file the preliminary act within that period were a failure by him to file a defence on the claimant within the period fixed for service of the defence, and the claimant, if he has filed a preliminary act may, subject to rule 12.2(2)(a), enter judgment against that defendant.

(Rule 12.2(2)(a) deals with proceedings against a State)

(3) Where in such proceedings, being a claim in rem, a

defendant fails to file a preliminary act within the

prescribed period, the claimant, if he has filed such an act, may apply to the court for judgment against that defendant, and it shall not be necessary for the claimant to file or serve a statement of case or an affidavit before the hearing.

(4) On the hearing of an application under paragraph (3) the

court may make such order as it thinks fit, and where

the defendant does not appear on the hearing and the

court is of the opinion that judgment should be given for

the claimant provided he proves his case, it must order

the claimant’s preliminary act to be opened and require

the claimant to satisfy the court that his claim is well

founded. The claimant’s evidence may, unless the court

otherwise orders, be given by affidavit without any order

or direction in that behalf.

(5) Where the claimant in accordance with a requirement

under paragraph (4) satisfies the court that his claim is

well founded, the court may give judgment for the claim

and may at the same time order the property against

which the proceedings is brought to be appraised and

sold and the proceeds to be paid into court or make such

order as it thinks fit.

(6) The court may, on such terms as it thinks fit, set aside

any judgment entered in pursuance of this rule.

(7) In this rule references to the prescribed period is to be

construed as references to the period within which by

virtue of rule 74.19(3) or of any order of the court a

party is required to file a preliminary act.

Special provisions as to statements of case in collision, etc proceedings

74.21 (1) The claimant in any such proceedings as is referred to in rule

74.2(1)(g) may not serve a reply or a defence to counterclaim on

the defendant without the permission of the court.

(2) Subject to paragraph (3), in any such proceedings there is an

implied joinder of issue on the facts set out in the preliminary

acts which shall stand as the statements of case of the claimant

and the defendants.

(3) Paragraph (2) does not apply to a counterclaim if the claimant

has served a defence to counterclaim pursuant to leave given under paragraph (1).

Judgment by default

74.22 (1) Where a claim is served under rule 74.5(5) on a party at whose

instance a caveat against arrest was issued, then if -

(a) the sum claimed in the proceedings begun by the

claim does not exceed the amount specified in

the undertaking given by that party or his

attorney to procure the entry of that caveat; and

(b) that party or his attorney does not within 14 days

after service of the claim fulfil the undertaking given by him as aforesaid,

the claimant may, after filing an affidavit verifying the facts on which the proceedings is based, apply to the court for judgment by default.

(2) Judgment given under paragraph (1) may be enforced

by the arrest and an order for sale of the property against

which the proceedings was brought and by committal of

the party at whose instance the caveat with respect to

that property was entered.

(3) Where a defendant to an claim in rem fails to

acknowledge service of the claim within the time limited

for doing so, then, on the expiration of 14 days after

service of the claim and upon filing an affidavit proving

due service of the claim, an affidavit verifying the facts

on which the proceedings is based and, if a statement of

case was not served with the claim form, a copy of the

statement of case, the claimant may apply to the court

for judgment by default and an order for sale.

(4) Where the claim is deemed to have been duly served on

the defendant by virtue of rule 5.17(2)(deemed service

where defendant's attorney accepts service), or was

served by the marshal or his substitute under rule

74.5(3), an affidavit proving due service of the claim

need not be filed under this paragraph, but the certificate of service of the defendant's attorney or the indorsement of the marshal under rule 74.5(4) must be lodged with

the affidavit verifying the facts on which the claim is

based.

(4) Where a defendant to an claim in rem fails to serve a

defence on the claimant then, after the expiration of the

period fixed by or under these rules for service of the

defence and upon filing an affidavit stating that no

defence was served on him by that defendant during that

period, an affidavit verifying the facts on which the

proceedings is based and, if a statement of case was not

served with the claim, a copy of the statement of case,

the claimant may apply to the court for judgment by

default and an order for sale.

(5) Where a defendant to a counterclaim in an claim in rem

fails to serve a defence to counterclaim on the defendant

making the counterclaim, then, subject to paragraph (6),

after the expiration of the period fixed by or under these

rules for service of the defence to counterclaim and upon

filing an affidavit stating that no defence to counterclaim

was served on him by the first-mentioned defendant

during that period, an affidavit verifying the facts on

which the counterclaim is based and a copy of the

counterclaim, the defendant making the counterclaim

may apply to the court for judgment by default.

(6) No application may be made under paragraph (5)

against the claimant in any such proceedings as is

referred to in rule 74.2(1)(g).

(7) If the court is satisfied that the applicant’s claim is well

founded it may give judgment for the claim and may at the same time order the property against which the claim or, as the case may be, counterclaim is brought to be appraised and sold and the proceeds to be paid into court or may make such other order as it thinks just.

(8) In default proceedings in rem evidence may, unless the

court otherwise orders, be given by affidavit without

any order or direction in that behalf.

(9) The court may, on such terms as it thinks just, set aside

or vary any judgment entered in pursuance of this rule.

(10) Part 12 does not apply to a claim in rem.

Order for sale of ship: determination of priority of claims

74.23 (1) Where in an claim in rem against a ship the court has

ordered the ship to be sold, any party who has obtained

or obtains judgment against the ship or proceeds of sale

of the ship may -

(a) in a case where the order for sale contains the

further order referred to in paragraph (2), after

the expiration of the period specified in the order

under paragraph (2)(a), or

(b) in any other case, after obtaining judgment,

apply to the court for an order determining the

order of priority of the claims against the

proceeds of sale of the ship.

(Part 11 deals with applications to the court)

(2) Where in an claim in rem against a ship the court orders

the ship to be sold, it may further order -

(a) that the order of priority of the claims against the

proceeds of sale of the ship is not to be

determined until after the expiration of 90 days,

or such other period as the court may specify,

beginning with the day on which the proceeds of

sale are paid into court; and

(b) that any party to the proceedings or to any other

claim in rem against the ship or the proceeds of

sale thereof may apply to the court in the

proceedings to which he is a party to extend the

period specified in the order; and

(c) that within 7 days after the date of payment into

court of the proceeds of sale the marshal must

send for publication in the Trinidad and Tobago

Gazette and such other newspaper, if any, as the

court may direct, a notice complying with

paragraph (3).

(3) The notice referred to in paragraph (2)(c) must state -

(a) that the ship (naming her) has been sold by order

of the High Court in an claim in rem, identifying

the claim;

(b) that the gross proceeds of the sale as specified

have been paid into court;

(c) that the order of priority of the claims against the

said proceeds will not be determined until after

the expiration of the period (specifying it)

specified in the order for sale; and

(d) that any person with a claim against the ship or

the proceeds of sale thereof, on which he intends

to proceed to judgment should do so before the

expiration of that period.

(4) The marshal must lodge in the court a copy of each

newspaper in which the notice referred to in paragraph

(2)(c) appeared.

(5) The expenses incurred by the marshal in complying with

an order of the court under this rule are to be included in

his expenses relating to the sale of the ship.

(6) A copy of any application to the court to extend the

period referred to in paragraph (2)(a) must be served on

each party who has begun an claim in rem against the

ship or the proceeds of sale thereof at least 3 days before

the day fixed for the hearing.

Appraisement and sale of property

74.24 (1) A commission for the appraisement and sale of any

property under an order of the court may not be issued

until the party applying for it has filed a request in the

appropriate practice form.

(2) Such a commission must -

(a) be executed by the marshal unless the court

otherwise orders; and

(b) be in the appropriate practice form.

(3) A commission for appraisement and sale may not be

executed until an undertaking in claiming satisfactory to

the marshal to pay the fees and expenses of the marshal

on demand has been lodged in the marshal’s office.

(4) The sale must be by public auction unless the court

gives permission for a sale by private treaty.

(5) The court may allow the sale to be completed at a price lower that the value shown in the appraisement.

(6) The marshal must pay into court the gross proceeds of

the sale of any property sold by him under a commission

for sale and bring into court the account relating to

the sale (with vouchers in support) for assessment.

(5) On the assessment of the marshal’s account relating to a

sale any person interested in the proceeds of the sale

is entitled to be heard.

(Rule 65.10 deals with the assessment of costs)

Undertakings as to expenses, etc

74.25 (1) Every undertaking under rules 74.5(3), 74.12(3),

74.14(5) or 74.24(3) must be given in writing to the

satisfaction of the marshal .

(2) Where a party is required by any of the rules mentioned

in paragraph (1) to give to the marshal an undertaking to

pay any fees or expenses, the marshal may accept

instead of an undertaking the deposit with him of such

sum as he considers reasonable to meet those fees and

expenses.

(3) The court may on the application of any party who is

dissatisfied with a direction or determination of the marshal under this rule, vary or revoke the direction or determination.

Payment into and out of court

74.26 (1) Parts 36 and 37 apply in relation to an Admiralty

claim (other than limitation proceedings)

(2) However money paid into court may not be paid out

except in pursuance of an order of a Judge of the High

Court.

Case Management Conference

74.27 (1) Parts 25 to 27 and 39 apply to Admiralty claims except

that -

(a) the date time and place for the case management

conference must be fixed by the court office on the happening of the following events -

(i) in any proceedings other than one to which rule

74.19 or 74.36 applies, on the filing of a defence;

(ii) where rule 74.19 applies, on the filing of the

second preliminary act.

(b) Where rule 74.36 applies then, if the court does not

make a decree limiting the claimant's liability, it must

treat the hearing of the application under that rule as a

case management conference.

(c) the case management conference must be conducted by

a Judge of the High Court.

(2) At the case management conference the court must determine

whether the trial is to be without assessors or with one or more assessors and the qualifications for such assessors.

(3) Rule 39.5 applies to Admiralty claims subject to the

following and any other necessary modifications -

(a) the bundles referred to in paragraph (5)(a) of that Part

must include any preliminary acts and any further information supplied under Part 35; and

(b) where trial with one or more assessors has been ordered

an additional bundle of the documents listed in

paragraph (5) of that Part must be lodged for the use of

each assessor.

Trial

74.28 (1) Part 40 applies to the trial of Admiralty proceedings.

(2) Where the claim has been ordered to be tried with an

assessor or assessors the attorney to the party setting it

down must file in the court office an undertaking to pay

the proper fees and expenses of such assessor or

assessors.

(3) If all the parties to a claim consent, the proceedings may

be withdrawn without the leave of the court at any time

before trial by producing to the court a written consent

to the proceedings being withdrawn signed by all the

parties.

Stay of proceedings in collision, etc proceedings until security given

74.29 Where an claim in rem, being proceedings to enforce any such

claim as is referred to in rule 74.2(1)(g), is begun and a cross

claim in rem arising out of the same collision or other

occurrence as the first mentioned proceedings is subsequently

begun, or a counterclaim arising out of that occurrence is made

in the first mentioned proceedings, then -

(a) if the ship in respect of or against which the first mentioned proceedings is brought has been arrested or security given to prevent her arrest; but

(b) the ship in respect of or against which the cross

proceedings is brought or the counterclaim made cannot

be arrested and security has not been given to satisfy any

judgment given in favour of the party bringing the cross

proceedings or making the counterclaim, the court may

stay proceedings in the first mentioned claim until security is given to satisfy any judgment given in favour

of that party.

Inspection of ship, etc

74.30 The court may, on the application of any party, make an order

for the inspection by the assessors (if the proceedings is tried

with assessors), or by any party or witness, of any ship or other property, whether real or personal, the inspection of which may be desirable for the purpose of obtaining full information or evidence in connection with any issue in the claim.

Examination of witnesses and other persons; evidence by affidavit

74.31 (1) The powers of rules 34.8 to 34.18 extend to the

making of an order authorising the examination of a

witness or person on oath before a judge sitting in court

as if for the trial of the claim.

(2) In proceedings in which preliminary acts fall to be filed

under rule 74.19, an order shall not be made authorising

any examination of a witness before the preliminary acts

have been filed, unless for special reasons the court

otherwise orders.

(3) Unless the court otherwise directs, affidavits made for

the purpose of rules 74.20(4), 74.22 and 74 36(2) may

contain statements of information and belief provided that the sources and grounds are given.

Proceedings for apportionment of salvage

74.32 (1) Proceedings for the apportionment of salvage the

aggregate amount of which has already been ascertained

must be commenced by a fixed date claim.

(2) The claimant need not file or serve a statement of case

but must file and an affidavit in support of the claim.

(2) On the first hearing the judge may exercise any of the

jurisdiction conferred by section 352 of Act or may give directions as on a case management conference.

Applications in proceedings in rem

74.33 (1) The affidavits, if any, in support of an application in a

claim in rem must be filed unless the court gives permission to the contrary.

(2) Notice of an application except an application for

judgment in default, must be served on all caveators

together with copies of the affidavits, if any, in support

of the application 2 clear days at least before the hearing,

unless the court gives permission to the contrary.

Limitation proceedings: parties

74.34 (1) In a limitation claim the person seeking relief is to be

the claimant and must be named in the claim by his

name and not described merely as the owner of, or as

bearing some other relation to, a particular ship or other

property.

(2) The claimant must make one of the persons with claims

against him in respect of the casualty to which the proceedings relates defendant to the proceedings and may make any or all of the others defendants also.

(3) At least one of the defendants to the proceedings must be

named in the claim by his name but the other defendants

may be described generally and not named by their

names.

(4) The claim must be served on one or more of the

defendants who are named by their names therein and

need not be served on any other defendant.

(5) In this rule and rules 74.36, 74.37 and 74.38 "name"

includes a firm name or the name under which a person

carries on his business, and where any person with a

claim against the claimant in respect of the casualty to

which the proceedings relates has described himself for

the purposes of his claim merely as the owner of, or as

bearing some other relation to, a ship or other property,

he may be so described as defendant in the claim and, if

so described, shall be deemed for the purposes of the

rules aforesaid to have been named in the claim by his

name.

Limitation proceedings: payment into court

74.35 (1) The claimant may constitute a limitation fund by paying

into court the Trinidad and Tobago dollar equivalent of

the number of special drawing rights to which he claims

to be entitled to limit his liability under Part XVIII of the

Act together with interest

thereon from the date of the occurrence giving rise to his

liability to the date of payment into court.

(2) Where the claimant does not know the Trinidad and

Tobago dollar equivalent of the said number of special

drawing rights on the date of payment into court he may

calculate the same on the basis of the latest available

published Trinidad and Tobago dollar equivalent of a

special drawing right as fixed by the International

Monetary Fund, and in the event of the Trinidad and

Tobago dollar equivalent of a special drawing right on

the date of payment into court under paragraph (1) being

different from that used for calculating the amount of

that payment into court the claimant may -

(a) make up any deficiency by making a further

payment into court which, if made within 14

days after the payment into court under

paragraph (1), shall be treated, except for the

purposes of the rules relating to the accrual of

interest on money paid into court, as if it had

been made on the date of that payment into

court; or

(b) apply to the court for payment out of any excess

amount (together with any interest accrued

thereon) paid into court under paragraph (1).

(3) An application under paragraph (2)(b) may be made

without notice.

(4) It must however be supported by evidence proving the

Trinidad and Tobago dollar equivalent of the appropriate

number of special drawing rights on the date of payment

into court.

(5) On making any payment into court under this rule, the

claimant shall give notice thereof in claiming to every

defendant, specifying the date of payment in the amount

paid in, the amount of interest included therein, the rate

of such interest and the period to which it relates.

(6) The claimant must also give notice in claiming to every

defendant of any excess amount (and any interest

thereon) paid out to him under paragraph (2)(b).

Application for decree or directions in limitation proceedings

74.36 (1) The claimant must -

(a) within 7 days after the acknowledgement of issue or

service of the claim by one of the defendants identified

by his name; or

(b) if none of the defendants acknowledges issue or service,

within 7 days after the time limited for entering an appearance,

apply to the court for a decree limiting his liability or, in default

of such a decree, for directions as to the future proceedings in

the claim.

(2) The application must be supported by an affidavit -

(a) verifying the claimant’s case in the proceedings and

(b) if no defendant identified in the claim by his name has

acknowledged service, proving service of the claim on at

least one of the defendants so identified; and

(c) stating -

(i) the names of all the persons who, to the

knowledge of the claimant, have claims against

him in respect of the casualty to which the

proceedings relates, not being defendants to the

claim who are identified in the claim form by

their names, and

(ii) the address of each of those persons if known to

the claimant.

(3) The application and every affidavit in support must be

served on every defendant who has acknowledged issue

or service of the claim at least 28 days before the hearing

of the application.

(4) Any defendant who disputes the claimant’s claim to

limit his liability or alleges that he is unable to decide

whether to dispute that claim must, within 14 days of the

service upon him of the summons and any affidavit in

support, serve upon the claimant an affidavit stating the

grounds upon which he relies to dispute the claimant’s

claim to limit his liability or such facts and matters as

could justify the court in giving a direction under

paragraph (7) of this rule.

(5) The claimant may, within 7 days of service upon him of

any affidavit under paragraph (5), serve such further

affidavit evidence as he may wish upon any defendant

who has served an affidavit under paragraph (5) of this

rule.

(6) If on the hearing of the application it appears to the

court that the claimant’s claim to limit his liability is

not disputed, he must make an order limiting the

claimant’s liability to a specified amount.

(7) If on the hearing of the application it appears to the

court that any defendant has not sufficient

information to enable him to decide whether to dispute

the claimant’s claim to limit his liability, it may, on

such terms as seem just, give such directions as appear to

appropriate to enable the defendant to obtain such

information and adjourn the hearing to a specified

date time and place.

(8) Any defendant who thereafter disputes the claimant’s

claim to limit his liability must state on affidavit the

grounds upon which he relies and serve such affidavit on

the claimant at least 10 clear days before the adjourned

hearing of the application.

(9) If on the hearing or the adjourned hearing of the

application, the court does not make a decree limiting

the claimant’s liability, it must proceed to deal with the

application as a case management conference.

(10) Any defendant who, after the court has given

directions under paragraph (7) or (9), ceases to dispute

the claimant’s right to limit his liability must forthwith

file a notice to that effect and serve a copy on the

claimant and on any other defendant who has

acknowledged issue or service of the claim.

(11) If every defendant who disputes the claimant’s right to

limit his liability serves a notice on the claimant under

paragraph (10), the claimant may apply to the court for

an order limiting his liability; and paragraphs (3) and

(6) apply to such an application.

Limitation proceedings: proceedings under decree

74.37 (1) Where the only defendants in a limitation proceedings

are those named in the claim by their names and all the

persons so named have either been served with the claim

or acknowledged the issue thereof, any order in the

claim limiting the claimant’s liability -

(a) need not be advertised; but

(b) operates only to protect the claimant in

respect of claims by the persons so named or

persons claiming through or under them.

(2) In any case not falling within paragraph (1), any order in

the claim limiting the claimant’s liability -

(a) must be advertised by the claimant in such

manner and within such time as may be provided by the order;

(b) must fix a time within which persons with claims

against the claimant in respect of the casualty to

which the proceedings relates may file their

claims, and, in cases to which rule 74.38 applies,

apply to set the order aside.

(3) The advertisement to be required under paragraph (2)(a)

must, unless for special reasons the court otherwise

directs, be a single advertisement in each of three

newspapers specified in the order, identifying the claim,

the casualty and the relation of the claimant thereto

(whether as owner of a ship involved in the casualty or

otherwise as the case may be), stating that the order has

been made and specifying the amounts fixed thereby as

the limits of the claimant’s liability and the time allowed

for the filing of claims and applying to set the order

aside.

(4) The claimant must within the time fixed under paragraph

(2)(b) file a copy of each newspaper in which the

advertisement required under paragraph (2)(a) appears.

(5) The time to be allowed under paragraph (2)(b) must,

unless for special reasons the court otherwise directs, be

not less than 2 months from the latest date allowed for

the appearance of the advertisements; and after the

expiration of the time so allowed, no claim may be filed

or application made to set aside the order except with the

permission of the court.

(6) Save as aforesaid, on the making of any order limiting

the claimant’s liability arising out of an occurrence the

court may distribute the limitation fund and may stay

any proceedings relating to any claim arising out of that

occurrence which are pending against the claimant.

Limitation proceedings: proceedings to set aside decree

74.38 (1) Where an order limiting the claimant’s liability fixes a

time in accordance with rule 74.37(2), any person with a

claim against the claimant in respect of the casualty to

which the proceedings relates, who -

(a) was not named by his name in the claim as a

defendant to the proceedings, or

(b) if so named, neither was served with the claim nor has acknowledged the issue thereof,

may, within that time, after acknowledging issue of the

claim, apply for the order to be set aside.

(2) The application must be supported by an affidavit or

affidavits showing that the defendant in question has a

bona fide claim against the claimant in respect of the

casualty in question and that he has sufficient prima

facie grounds for the contention that the claimant is not

entitled to the relief given him by the decree.

(3) The application and every affidavit in support thereof

must, at least 7 clear days before the hearing of the

application, be served on the claimant and any defendant

who has acknowledged issue or service of the claim.

(4) On the hearing of the summons the court, if satisfied that

the defendant in question has a bona fide claim against

the claimant and sufficient prima facie grounds for the

contention that the claimant is not entitled to the relief

given him by the decree, must set the decree aside and

give directions as if the hearing were a case management

conference.