(1) In a claim in rem the claimant or defendant who counterclaims may, after the issue of the claim form and subject to the provisions of this rule, issue a warrant in Form 27 for the arrest of the property against which the claim or counterclaim is brought.
(2) The party intending to issue the warrant must first cause a search to be made in the caveat book to see 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 the party or its agent containing the following particulars —
(a) in every case —
(i) the nature of the claim or counterclaim and that it has not been satisfied,
(ii) if the claim arises in connection with a ship, the name of that ship,
(iii) the nature of the property to be arrested, and
(iv) if the property is a ship, the name of the ship and her port of registry;
(b) in the case of a claim against a ship under rule 72.2(c) to (g), (i) to (k), (m) to (p), (r) and (u) —
(i) the name of the person who would be liable on the claim in a claim in personam,
(ii) that the relevant person was when the cause of action 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 form 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 —
(i) the nationality of the ship in respect of which the warrant is required; and
(ii) that the notice (if any) required by paragraph (7) has been sent.
(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 a claim in rem against a foreign ship registered at a port of a State having a consulate in the jurisdiction, being a claim for possession of the ship or for wages, until notice that the proceedings have begun has been sent to the consul or the court gives permission.
(8) Issue of a warrant of arrest takes place upon it being sealed by the court office.