The Varna - Court of Appeal (Scott and Rose L.JJ.) - 21 April 1993

Admiralty action in rem - Whether Court has a discretion to issue a warrant of arrest - Whether plaintiff under a duty of full and frank disclosure

Prior to 1986 Order 75, rule 5 of the Rules of the Supreme Court provided that the Court had a discretion whether or not to order the arrest of property, and the plaintiff had an obligation to make full and frank disclosure of material facts (see The Vasso [1984] 1 Lloyd’s Rep. 235). However, in 1986 certain amendments had been made to Order 75, rule 5. Previously, rule 5(1) had provided that a warrant “may . . . be issued at the instance of the plaintiff . . .” and rule 5(3) had referred to a “party applying for the issue . . . of a warrant”.