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Enforceability of Claims under The Admiralty Jurisdiction of The High Court

Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over the claim in personam are several: a) It provides the claimant with security. The claimants in rem can have the ship arrested and either released when the shipowner provides security or,...


The Nature of Admiralty Jurisdiction

The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior Court Act 1981 (hereinafter known as SCA 1981) provides the means for the enforcement of all claims under the Admiralty jurisdiction of the High Court. The SCA 1981 does not create a cause of action. Thus, the legal right must be based on other grounds. A...


Owner’s implied obligations I

Owner’s implied obligations I – general principles> Liability Of Sea Carriers At Common Law Liability of common carriers In the case of Forward v Pittard, it was noted that the fire started accidentally, away from the goods in the carrier’s care and that the carrier was not negligent. However, being a common carrier, he was liable...