When is commencement of proceedings

Any claim notified pursuant to Clause Sample 1. Sample 2. Sample 3. The Mortgagee shall have the right to commence proceedings in the courts of any country having competent jurisdiction and in particular the Mortgagee shall have the right to arrest and take action against the Vessel at whatever place the Vessel shall be found lying and for the purpose of any action which the Mortgagee may bring before the local court for the jurisdiction of such court or other judicial authority and the Owner agrees that for the purpose of proceedings against the Vessel any writ , notice , judgment or other legal process or documents may be served upon the Master of the Vessel or upon anyone acting as the Master and that such service shall be deemed good service on the Owner for all purposes.

Previous Next. Order 5. Appeals to the Court of Criminal Appeal. Sittings, language and office hours. Judges' robes and mode of address to the judges. Court Seal and Authentication of Court documents. Commencement of proceedings. Procedure by personal injuries summons : S. Actions for Possession and Well-charging Reliefs : S. Defamation Act : S. Third Party Procedure. Actions by and against firms and persons carrying on business in names other than their own.

Joinder of Claims. Indorsement of claim. Issue of civil bills - service of documents : S. Renewal of Civil Bill. Service out of the jurisdiction. Service out of the Jurisdiction under the Act, Regulation No.

Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim. Security for costs. Particulars and further particulars in claim or defence. County Registrar. Side-bar applications. Case Progression General : S. Sittings in chambers and interlocutory applications. Change of parties. Taking of evidence for EU Courts : S. Attendance of witnesses.

Proceedings are issued in the High Court or the County Court for a fee. The Claim form must either be accompanied by the Particulars of Claim, or the Particulars of Claim can be served separately. If served separately, it must be served within 14 days after service of the Claim form, provided that Particulars of Claim is served within 4 months after the date of issue of the claim form or 6 months where the Claim form is to be served out of the jurisdiction.

If contained in a separate document, the Claim form must state that the Particulars of Claim are to follow. The Claimant or their solicitors need to make sure there are enough sealed copies of the Claim form to be served individual on each defendant, if there is more than one.

The Claimant and the court will also need to retain one for their own use and records. The Court issues the Claim form by sealing the claim forms, and enters details of the claim in its records. Sealed copies are then returned to the Claimant or their solicitors for service.