73/6 Applications to be entered on commercial list

6 Every application referred to in rule 2 or 3 shall be entered on the commercial list.

73/7 Service out of the jurisdiction of summons, notice, etc.

7 (1) Subject to paragraph (1A), service out of the jurisdiction of —

(a) any originating summons or notice of originating motion under the Arbitration Act 1986 or the Bermuda International Conciliation and Arbitration Act 1993, or

(b) any order made on such a summons or motion as aforesaid,

is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is governed by the law of Bermuda or has been, is being, or is to be held within the jurisdiction.

(1A) Service out of the jurisdiction of an originating summons for leave to enforce an award is permissible with the leave of the Court whether or not the arbitration is governed by the law of Bermuda.

(2) An application for the grant of leave under this rule must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.

(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to a writ.

73/8 Registration in court of foreign awards

8 Where an award is made in proceedings on an arbitration in the United Kingdom or in any part of Her Majesty's dominions outside the United Kingdom to which the Judgments (Reciprocal Enforcement) Act 1958 extends, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, the Judgments (Reciprocal Enforcement) Act 1958 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications —

(a) for references to the country of the original court there shall be substituted references to the place where the award was made; and

(b) the affidavit required by rule 3 of the Judgments (Reciprocal Enforcement) Rules 1976 must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

73/9 Registration of awards under the United Kingdom Arbitration (International Investment Disputes) Act 1966 as extended to Bermuda

9 (1) In this rule and in any provision of these rules as applied by this rule —

"the Act of 1966" means the United Kingdom Arbitration (International Investment Disputes) Act 1966 as extended to Bermuda;

"the Convention" means the Convention referred to in section 1(1) of the Act of 1966;

"judgment creditor" and "judgment debtor" means respectively the person seeking recognition or enforcement of an award and the other party to the award.

(2) Subject to the provisions of this rule, the Judgments (Reciprocal Enforcement) Act 1958 shall apply with the necessary modifications in relation to an award as they apply in relation to a judgment.

(3) An application to have an award registered in the Court under section 1 of the Act of 1966 shall be made by originating summons which shall be in Form No. 10 in Appendix A.

(4) The affidavit required by rule 3 of the Judgments (Reciprocal Enforcement) Rules 1976 in support of an application for registration shall —

(a) in lieu of exhibiting the judgment or a copy thereof, exhibit a copy of the award certified pursuant to the Convention, and

(b) in addition to stating the matters mentioned in the said rule 3, state whether at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) pursuant to the Convention and whether any, and if so what, application has been made pursuant to the Convention, which, if granted, might result in a stay of the award.

(5) There shall be kept in the Registry under the direction of the Registrar a register of the awards ordered to be registered under the Act of 1966 and particulars shall be entered in the register of any execution issued on such an award.

(6) Where it appears to the court on granting leave to register an award or on an application made by the judgment debtor after an award has been registered —

(a) that the enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the Convention, or

(b) that an application has been made pursuant to the Convention, which, if granted, might result in a stay of the enforcement of the award,

the Court shall, or, in the case referred to in sub-paragraph (b) may, stay execution of the award for such time as it considers appropriate in the circumstances.

(7) An application by the judgment debtor under paragraph (6) shall be made by summons and supported by affidavit.

73/10 Enforcement of arbitration awards

10 (1) An application for leave under section 37 of the Arbitration Act 1986 or under section 48 of the Bermuda International Conciliation and Arbitration Act 1993 to enforce an award, irrespective of the country in which the award was made, on an arbitration agreement in the same manner as a judgment or order may be made ex parte but the Court hearing the application may direct a summons to be issued.

(2) If the Court directs a summons to be issued, the summons shall be an originating summons which shall be in Form No. 10 in Appendix A.

(3) An application for leave must be supported by affidavit —

(a) exhibiting the arbitration agreement and the original award or, in either case, a copy thereof;

(b) stating the name and the usual or last known place of abode or business of the applicant (hereinafter referred to as "the creditor") and the person against whom it is sought to enforce the award (hereinafter referred to as "the debtor") respectively,

(c) stating as the case may require, either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

(4) An order giving leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(5) Service of the order out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such an order as they apply in relation to a writ.

(6) Within fourteen days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the order, until after the application is finally disposed of.

(7) The copy of that order served on the debtor shall state the effect of paragraph (6).

(8) In relation to a body corporate this rule shall have effect as if for any reference to the place of abode or business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate; so, however, that nothing in this rule shall affect any enactment which provides for the manner in which a document may be served on a body corporate.”.

Amendment of Appendix A

14 After Form No. 85 in Appendix A of the Rules of the Supreme Court 1985 there shall be inserted the following new Forms:

“No. 86

Notice of motion for judicial review (O.53, r.5)

[Royal Arms]

In the Supreme Court of Bermuda

Civil Jurisdiction

In the matter of an application for judicial review

and

In the matter of [blank]

Take Notice that pursuant to the leave of a Judge of the Supreme Court [or the Honourable Mr. Justice [blank] given on [blank] the Court will be moved as soon as counsel can be heard on the applicant’s behalf for an order for relief in the terms, and on the grounds, set out in Form 86A, herewith.

And that the costs of and occasioned by this motion be [blank]

And take notice that on the hearing of this motion the applicant will use the affidavit and exhibits copies of which accompany this notice.

[And also take notice that the Supreme Court [or the Honourable Mr. Justice [blank] by order dated [blank] directed that all proceedings in [or on] the said [blank] be stayed until after the hearing of this motion or further order].

Dated the [blank] day of [blank] 20[blank].

(Signed)

of

To

Attorney for

Attorney for

IMPORTANT

Any respondent who intends to use an affidavit at the hearing should inform the Registry of his intention within ten days of the service of this notice. Any such affidavit must be filed in the Registry as soon as practicable and in any event within fifty-six days of service.

No. 86A

In the Supreme Court of Bermuda

[Royal Arms]

Applicant’s Notice of Supreme Court

Ref. No APPLICATION for Ref. No.

leave to apply for

Judicial Review

(O.53, r.5)

This form must be read together with Notes for Guidance obtainable from the Registry.

To the Registrar of the Supreme Court, Supreme Court Registry, Hamilton, HM 12

Name, address and description

of applicant (s)

Judgment, order, decision or other

proceeding in respect of which relief

is sought

Relief Sought

Name and address of applicant’s

attorneys, or, if no attorneys acting,

the address for service of the applicant

Signed Dated

(Second page)

GROUNDS ON WHICH RELIEF IS SOUGHT

(If there has been any delay, include reasons here)

Note – Grounds must be supported by an affidavit which verifies the facts relied on.

No. 86B (O.53, r.3 (5))

In the Supreme Court of Bermuda

Applicant’s Notice of Supreme Court

Ref No. RENEWAL of Ref. No.

application for leave

to apply for Judicial

Review

To the Registrar of the Supreme Court Supreme Court Registry, Hamilton, HM 12

The applicant intends to renew his application for leave to apply for Judicial Review.

Signed: Date:

Received in the Registry NOTE: This notice must be

lodged in the Registry within

10 days of the service on

the applicant or his solicitor

of notice that the original

application for leave has

been refused.

No. 87

Notice of motion for writ of habeas corpus ad subjiciendum (O.54, r.2)

[Royal Arms]

In the Supreme Court of Bermuda

Criminal Jurisdiction [or Civil Jurisdiction as the case may be]

20 . No.

In the Matter of A.B.

and

In the Matter of an application for a writ of habeas corpus ad subjiciendum

Take notice that pursuant to the direction of the Honourable Mr. Justice [blank] [or the Supreme Court], the Supreme Court will be moved on the [blank] day of [blank] 20[blank],, or so soon thereafter as counsel can be heard on behalf of A.B. for an order that the writ of habeas corpus do issue directed court at such time as the Court or judge may direct upon the grounds set out in the affidavits of the said A.B. and [blank] and the exhibits therein respectively referred to used on the application to the Honourable Mr. Justice [blank] [or the Supreme Court] for such order, copies of which affidavits and exhibits are served herewith.

And that the costs of and occasioned by this motion be the applicant’s to be taxed and paid by the respondents to the applicant.

And take notice that on the hearing of this motion the said A.B. will use the affidavits for himself and the said [blank] and the exhibits therein referred to.

Dated the [blank] day of [blank] 20[blank].

(Signed)

of

Attorney for

To

Attorney for

No. 88

Notice directed by Court of adjourned application for writ of habeas corpus (O.54, r.2)

[Heading as in No. 2]

Take notice that an application for the above writ was made to the Supreme Court [or to the Honourable Mr. Justice [blank] ] in the above matter on the [blank] day of [blank] 20[blank, when the said application was adjourned so that notice could be given to you.

Notice is hereby given to you that the said application will be made to the Supreme Court [or the Honourable Mr. Justice [blank]] on [blank] the [blank] day of [blank] 20[blank] at [blank] o’clock.

Dated the [blank] day of [blank] 20[blank] .

(Signed)

of

Attorney for

To

Attorney for

No. 89

Writ of habeas corpus ad subjiciendum (O.54, r.10)

ELIZABETH THE SECOND [as in No. 53]

To the Commissioner of Prisons greeting:

We command you that you have in the Supreme Court [or before a judge in chambers] at Hamilton, on the day and at the time specified in the notice served with this writ, the body of A.B. being taken and detained under your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, that Our Court [or Judge] may then and there examine and determine whether such cause is legal, and have you there then this writ.

Witness [blank] Chief Justice of Bermuda the [blank] day of [blank] 20[blank].

Indorsement

By order of court [or of Mr. Justice [blank]]

This writ was issued by [blank] of [blank] attorney for [blank].

No. 90

Notice to be served with writ habeas corpus ad subjiciendum (O.54, r.6)

In the Supreme Court of Bermuda

Criminal Jurisdiction [or Civil Jurisdiction as the case may be].

[If in a cause already begun, here insert the title, not otherwise]

Whereas this court [or the Honourable Mr. Justice [blank]] has granted a writ of habeas corpus directed to [blank] [or other person having the custody of [blank]if so] commanding him to have the body of A.B. before the said Court [or before a judge in chambers] at the Supreme Court, Hamilton, on the day and at the time specified in the notice together with the day and cause of his being taken and detained.

Take notice that you are required by the said writ to have the body of the said A.B. before this court [or before the judge aforesaid] on [blank] the [blank] day of [blank] 20 [blank] at [blank] o’clock and to make a return to the said writ. In default the said Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for you contempt in not obeying the said writ [or if in vacation application will then be made to one of the judges of the said Court for a warrant for your arrest in order that you may be held to bail to answer for your contempt in not obeying the said writ].

Dated the [blank] day of [blank] 20 [blank

(Signed)

of

Attorney for

To

Attorney for

No. 91

Writ of habeas corpus ad testificandum (O.54, r.10)

ELIZABETH THE SECOND [as in No. 53]

To the Commissioner of Prisons at [blank] greeting:

We command you that you have before the Supreme Court on [blank] the [blank] day [blank] of [blank] 20[blank], at [blank] the body of [blank], being committed and detained in Our prison under your custody, as is said, then and there to testify the truth and give evidence [on Our behalf against A.B. for (describe the offence) or otherwise describing the proceedings], and so from day to day until the said [blank] shall have given his evidence as aforesaid. And when he shall have given his evidence, then you take him back without delay to Our said prison under your custody and cause him to be detained therein under safe custody, until he shall be from thence discharged by due course of law.

Witness [as in No. 4]

Indorsement

By order of court [or of Mr. Justice [blank]].

This writ was issued [blank] of [blank] attorney for [blank]

No. 92

Writ of habeas corpus ad respondendum (O.54, r.10)

ELIZABETH THE SECOND [as in No. 53]

To the Commissioner of Prisons at [blank] greeting:

We command you that you have before the Supreme Court on [blank] the [blank] day of [blank] 20[blank], at [blank] the body of[blank], being committed and detained in Our prison under your custody, as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called, then and there to answer to a charge of [blank] to be then and there made against him, and so from day to day until he shall have answered the said charge, and to be dealt with according to law. And have you then and there this writ.

Witness [as in No. 4]

Indorsement

[As in No. 6]

No. 94

Order for production of documents in marine insurance action (O.72, r.10)

[Heading as in action]

Upon hearing [blank] [and upon reading the affidavit of [blank] filed the [blank] day of [blank]19 [blank]]:

It is ordered that the plaintiff and all other persons interested in this action, and in the insurance the subject of this action, do produce and show to the defendant, his solicitors or agents on oath [or by oath of their proper officer] all insurance slips, policies, letters of instruction or other orders for effecting such slips or policies, or relating to the insurance or the subject-matter of the insurance on the ship [blank], or the cargo on board thereof, or the freight thereby, and also all documents relating to the sailing or alleged loss of the said ship, cargo or freight, and all correspondence with any person relating in any manner to the effecting of the insurance on the said ship, cargo or freight, or any other insurance whatsoever effected on the said ship, cargo or freight, on the voyage insured by the policy sued on in this action, or any other policy whatsoever effected on the said ship, or the cargo on board thereof, or the freight thereby on the same voyage. Also all correspondence between the captain or agent of the ship and any other person with the owner or any person before the commencement of or during the voyage on which the alleged loss happened. Also all books and documents, whatever their nature and whether originals, duplicates or copies, which in any way relate or refer to any matter in question in this action and which are now in the custody, possession or power of the plaintiff or any other person on his behalf, his or their, or any of their brokers, solicitors or agents, with liberty for the defendant, his solicitors or agents to inspect and take copies of, or extracts from, any of those books or documents. And that in the like manner the plaintiff and every other person interested as aforesaid do account for all other books and documents relating or referring to any matter in question in this action which were once but are not now in his custody, possession and power.

And that [in the meantime all further proceedings be stayed and that] the costs of and occasioned by this application be costs in the action.

Dated the [blank] day of [blank] 20[blank].”.

Transitional, Savings & Repeals

15 (1) Subject to paragraphs (2) and (3), these Rules shall apply forthwith to all existing proceedings.

(2) The new Order 11, as substituted by rule 4 of these Rules, shall only apply to process issued after the commencement of these Rules.

(3) To the extent that the repeal and replacement of Order 62 changes the amount of costs which may be recoverable on a taxation, it shall not apply to costs incurred before the commencement of these Rules, and such costs shall be taxed under the pre-existing provisions.

(4) Notwithstanding the repeal and replacement of Order 62, and for the avoidance of doubt, Part 1 of the Schedule to Order 62 is not affected by these amendments.

(5) Form 6 in Appendix A to the Rules of the Supreme Court 1985 is repealed.

Made this 23rd day of December, 2005

Chief Justice

BR 56/2005

ADMINISTRATION OF JUSTICE

(PREROGATIVE WRITS) ACT 1978

1978 : 37

RULES REPEALING THE ADMINISTRATION OF JUSTICE (PREROGATIVE WRITS) RULES 1978

The Chief Justice, in exercise of the powers conferred upon him by section 14 of the Administration of Justice (Prerogative Writs) Act 1978, makes the following rules:

Citation and Commencement

1 These Rules may be cited as the Rules Repealing the Administration of Justice (Prerogative Writs) Rules 1978, and shall come into operation on 1 January 2006.

Repeal

2 The Administration of Justice (Prerogative Writs) Rules 1978 are repealed.

Made this 23rd day of December, 2005

Chief Justice