Category: Admiralty jurisdiction and procedure

Ship Arrest And Jurisdiction On The Merits 1. Outline Legal Framework For Obtaining Jurisdiction On The Merits The starting point for approaching the question whether the English courts have jurisdiction on the merits is by identifying whether one of the EU jurisdictional instruments is applicable to the dispute. Currently the starting point is Regulation (EU)...

Procedure for enforcement of claims in rem 1. Arrest of a ship and the aftermath When the ship is arrested, the defendant may provide security for the release of the ship from arrest. The form of security may be a letter of undertaking by the defendant’s third party liability insurers or a bank guarantee. In...

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 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...