1988 Ed.] The Rules of the Supreme Court-Order 75
[CAP. 4
(2) The plaintiff must make one of the persons with claims against him in respect of the casualty to which the action relates defendant to the action and may make any or all of the others defendants also.
(3) At least one of the defendants to the action must be named in the writ by his name but the other defendants may be described generally and not named by their names.
(4) The writ 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 38, 39 and 40 “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 plaintiff in respect of the casualty to which the action 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 writ and, if so described, shall be deemed for the purposes of the rules aforesaid to have been named in the writ by his name.
Limitation action; summons for decree or directions (O. 75, r. 38)
38. (1) Within 7 days after the acknowledgment of issue or service of the writ by one of the defendants named therein by their names or, if none of them acknowledges issue or service, within 7 days after the time limited for acknowledging service, the plaintiff, without serving a statement of claim, must take out a summons returnable in chambers before the Registrar asking for a decree limiting his liability or, in default of such a decree, for directions as to the further proceedings in the action.
(2) The summons must be supported by an affidavit or affidavits proving-
(a) the plaintiff's case in the action, and
(b) if none of the defendants named in the writ by their names has acknowledged service, service of the writ on at least one of the defendants so named.
(3) The affidavit in support of the summons must state-
(a) the names of all the persons who, to the knowledge of the plaintiff, have claims against him in respect of the casualty to which the action relates, not being defendants to the action who are named in the writ by their names, and
(b) the address of each of those persons, if known to the plaintiff.
(4) The summons and every affidavit in support thereof must, at least 7 clear days before the hearing of the summons, be served on any defendant who has acknowledged issue or service of the writ.
A 303
[Subsidiary]