CPR and claims in rem

Two recent admiralty cases have highlighted unintended gaps in respect of default judgments in the Civil Procedure Rules and have prompted a rule change or resulted in a refinement in practice. The cases are Tecoil Shipping Ltd v Owners of the Ship “Poseidon” [2020] EWHC 393 (Admlty) and Premier Marinas Ltd v The Owner(s) of M/Y “Double Venus” AKA “Llamedos”, and the Owner(s) Of M/Y “Karma” AKA “Santorini” [2020] EWHC 2462 (Admlty).

Part 61 of the Civil Procedure Rules governs admiralty claims. As of 26 May 2021 CPR 61.9, on judgment in default, in relevant parts and with emphasis added in bold, reads as follows.