S.I. No. 143/1990:

RULES OF THE SUPERIOR COURTS (No. 2), 1990.

RULES OF THE SUPERIOR COURTS (No. 2), 1990.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 23rd day of May, 1990.

Thomas A. Finlay

Liam Hamilton

Frank Griffin

Anthony Hederman

Séan Gannon

W.B. Allen

D.R. Pigot

Michael M. Collins

I concur in the making of the annexed Rules of Court.

Dated this 11th day of June, 1990.

RAY BURKE,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 2), 1990.

1. Order 64 rule 1 shall be amended by the addition, after rule 1 (h) of the following:--

"(i) A claim arising out of Article 1 (1) of the First Schedule to the Jurisdiction of Courts (Maritime Conventions) Act, 1989 ;

(j ) A claim arising out of Article 1 (1) of the Second Schedule to the Jurisdiction of Courts (Maritime Conventions) Act, 1989 .".

2. Order 64, rule 6 shall be amended by re- numbering it as Order 64, rule 6 (1) and inserting after the words "in rem" the following:--

"other than a claim arising under Order 64 rule 1 (i) or (j)"

and by the addition of the following sub-rules (2) and (3):--

"(2) In Admiralty Actions arising under Order 64 rule 1 (i) or (j) a warrant for the arrest of the ship which shall be in the form No. 8 in Appendix J, may be issued by the Judge at the instance of any party at any time after the summons in such action is issued but subject to the provisions of rule 7 no warrant of arrest shall be issued until an affidavit by the party or his agent has been filed and where applicable the following provisions complied with:--

( a ) The affidavit shall state the name and description of the party at whose instance the warrant is to be issued, his habitual place of residence or place of incorporation (if appropriate) or principal place of business, the nature of the claim or counterclaim, the name and flag of the ship to be arrested and whether it is the flag of a Contracting State, and that the claim or counter-claim has not been satisfied.

( b ) In an action for damage caused by any ship either in collision or otherwise, the affidavit shall state the particulars required by Order 64 rule 36 (1) or such number of them as shall be then within the knowledge of the party seeking the issue of the warrant.

( c ) In an action for salvage the affidavit shall state when, where and what acts of salvage are alleged to have been performed and who the alleged salvors are and in an action of distribution of salvage the affidavit shall state the amount of salvage money awarded or agreed to be accepted and the name, address and description of the person holding the same.

( d ) In an action arising out of an agreement relating to the use or hire of any ship whether by charter party or otherwise the affidavit shall state how the agreement is alleged to have been breached or not complied with and if the agreement is in writing the affidavit shall exhibit a copy of the same.

( e ) In an action arising out of an agreement relating to the carriage of goods in any ship whether by charter party or otherwise the affidavit shall state the substance of the agreement, the goods to which it relates, and if the agreement is in writing shall exhibit a copy thereof.

( f ) In an action arising out of loss of or damage to goods including baggage carried in any ship the affidavit shall state the nature of the goods and their value and the extent of damage, if any, caused to the goods and how it is alleged that the loss or damage was sustained.

( g ) In an action for general average the affidavit shall state how the same has arisen and how it is calculated.

( h ) In an action for bottomry the bottomry bond shall be produced for the inspection and perusal of the Judge and a copy of the bond certified to be correct shall be annexed to the affidavit.

( i ) In an action for towage the affidavit shall state how the claim has arisen.

( j ) In an action for pilotage the affidavit shall state how the same has arisen.

( k ) In an action for goods or materials wherever supplied to a ship for her operation or maintenance the affidavit shall state the goods or materials supplied and the date, place and purpose of supply of same.

( l ) In an action for construction, repair or equipment of any ship or dock charges and dues the affidavit shall state the date, place and cost of such construction, repair or equipment or shall specify the nature of the charges and dues.

( m ) In an action for wages of masters, officers or crew, the affidavit shall state the national character of the vessel proceeded against and how the claim has arisen.

( n ) In an action for masters' disbursements including disbursements made by shippers, charterers or agents on behalf of a ship or her owner the affidavit shall identify when, where and to whom such disbursements were made and for what reason.

( o ) In an action relating to a dispute as to the title to or ownership of any ship the affidavit shall state fully the circumstances which have given rise to such dispute.

( p ) In an action arising out of any dispute between co-owners of any ship as to the ownership, possession, employment or earnings of that ship the affidavit shall state fully the circumstances which have given rise to such dispute.

( q ) In an action on a mortgage or the hypothecation of any ship the affidavit shall exhibit a true copy of the said mortgage or hypothecation.

(3) If any of the documents, agreements or bonds referred to in the preceding rule are in a foreign language, a notarial translation thereof shall be produced for the inspection and perusal of the Judge and the translation thereof certified to be correct shall be annexed to the affidavit.".

3. Order 64 rule 7 shall be deleted and the following rule substituted therefor:--

"7. The Judge may in any case allow the warrant referred to in rule 6 (1) or rule 6 (2) to issue although the affidavit therein mentioned may not contain all the required particulars and the Judge may require of the Plaintiff or of his solicitor such undertaking as to damages (if any) as may seem appropriate.".

4. Order 64 rule 10 shall be amended by the insertion of a comma after the word "ship" and before the word "freight".

5. Order 64 rule 15 shall be deleted and the following rule substituted therefor:--

"15. In admiralty actions in rem where the parties have agreed to the sufficiency of the bail or other security, bail may be taken in the Central Office or before a Commissioner appointed to take bail in Admiralty.".

6. Order 64 rule 17 shall be amended by the insertion after the words "An objection to" of the following:--

"the sufficiency of bail or other security being furnished or".

7. Order 64 rule 18 shall be deleted and the following rule substituted therefor:--

"18. Property arrested in admiralty proceedings by warrant issued under rule 6 (1) shall only be released under the authority of an Order of the Master and a ship arrested in admiralty proceedings by warrant issued under rule 6 (2) shall only be released under the authority of an Order of the Judge and subject to such conditions as he may impose.".

8. Order 64 rule 36 (1) shall be amended by the insertion after the word "collision" of the following:--

"(including any action for collision based upon Part II of the Jurisdiction of Courts (Maritime Conventions) Act, 1989 )".

9. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1990.

10. These rules shall come into operation on 1 July 1990.

EXPLANATORY NOTE.

These rules, which take effect from 1 July 1990 relate to the practice and procedure of the Superior Courts in admiralty matters within the scope of the Jurisdiction of Courts (Maritime Conventions) Act, 1989 .

(The Act gives effect to two international conventions, one relating to the arrest of seagoing ships and the other to certain rules concerning civil jurisdiction in matters of collision).