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Admiralty Jurisdiction and Practice

Admiralty Jurisdiction and Practice, 6th Edition, (c) 2025


Page 407

Index

  • Accounts 2.45–2.49
  • Acknowledgment of service (admiralty claim) 4.19
  • Administration orders 3.100–3.111
  • Admiralty and Commercial Registry 1.5
  • Admiralty claim in rem
    • amendment of claim form 4.12–4.14
    • application to the court 4.135–4.136
    • appraisement 4.108–4.126
      • claims of third parties to oil sold with ship 4.113
      • classification society fees 4.116–4.117
      • effect of sale by Admiralty Marshal 4.123–4.125
      • expenses incurred in order to achieve best price 4.114–4.117
      • private offers for sale 4.119–4.122
      • purposes other than sale 4.110
      • repairs 4.115
      • repatriation of crew 4.114
      • sale 4.111–4.113
      • sale in foreign currency 4.126
      • stopping the sale 4.118
      • what property included in sale 4.112
    • appraisement and sale pendente lite 4.127–4.133
    • arrest 4.30–4.93
      • ADM4 4.49
      • ADM5 4.50–4.51
      • after judgment 4.43
      • amount of security 4.84
      • bail 4.90–4.91
      • cargo under arrest in a ship not under arrest 4.73–4.74
      • caution against 4.45–4.47
      • discretion to issue notwithstanding failure to comply with rules 4.56
      • dispute as to value of property arrested 4.85–4.88
      • effect of 4.34
      • effect of release 4.81–4.83
      • excessive security demanded 4.92
      • execution of warrant 4.60–4.62
      • form of security 4.89–4.91
      • no cross-undertaking in damages or counter-security 4.57
      • no discretion not to issue 4.55
      • no further or special reason required 4.58
      • no out of hours service for issue of warrants of arrest 4.64
      • no requirement to give full and frank disclosure 4.52–4.54
      • notice to consular office 4.44
      • obtain security for claim in rem 4.31
      • period of validity 4.59
      • practicalities relating to arrest of ship 4.63–4.78
      • preliminary considerations 4.44–4.47
      • presence of arrested ship affecting port operation 4.78
      • procedure to obtain 4.41–4.42
      • procedure to obtain warrant 4.48–4.62
      • property under arrest 4.65–4.69
      • provision of security and release from arrest 4.79–4.84
      • security proves insufficient 4.93
      • ship under arrest, but cargo not under arrest 4.70–4.72
      • support of arbitral proceedings 4.33
      • support of foreign proceedings 4.32
      • third parties interested in property under arrest 4.75–4.77
      • value of freight 4.88
      • wrongful 4.35–4.40
    • brought to enforce a foreign judgment 3.30–3.31
    • determination of priorities 4.134
    • issue 4.1–4.11
      • claim form may be issued against more than one ship 4.2

      • Page 408

      • claim form may no longer be issued by fax 4.10
      • effect of issue of claim form 4.9
      • particulars of claim 4.7–4.8
      • parties may be described and need not be named 4.4–4.6
      • prescribed claim form 4.1
      • renewal of validity 4.11
      • service on second ship possible where mistake as to first ship served 4.3
    • judgment in default 4.26–4.29
      • property not under arrest 4.29
      • property under arrest 4.28
    • payment out of court 4.137–4.141
      • inspection of ship or other property 4.140–4.141
    • release 4.94–4.107
    • service of claim form 4.15–4.25
      • acknowledgment of service possible even before service is effected 4.19
      • innocent passage 4.17
      • manner of service on cargo 4.22
      • manner of service on freight 4.23
      • manner of service on proceeds of sale 4.24
      • manner of service on a ship 4.21
      • no service out of the jurisdiction 4.18
      • service by the admiralty marshal 4.20
      • service on person named in notice against arrest 4.25
      • substituted service 4.16
    • Vasso Orders 4.142
  • Admiralty Court of the Isle of Man 1.40
  • Admiralty Marshal
    • expenses 6.33
    • possessory lien holder must surrender ship to 6.26–6.29
    • sale by 4.123–4.125
    • service by 4.20
    • statutory right superior to power of 6.8
  • Admiralty Registrar 1.6–1.9
    • collision claims 7.29
  • Admiralty Registrar, references to 9.1–9.22
  • Aircraft
  • Appeals
    • collision claims See Collision claims
    • Admiralty Registrar 9.21–9.23
  • Appraisement 4.108–4.126
    • dispute as to value of property arrested 4.86–4.87
    • purposes other than sale 4.110 See also Sale
  • Appraisement and sale pendent lite 4.127–4.133
  • Arrest 1.67, 4.30–4.93
    • after judgment 4.43
    • dispute as to value of property 4.85
    • excessive security demanded 4.92
    • form of security 4.89
    • judgment in default 4.26–4.27
    • practicalities relating to ship 4.63–4.78
    • preliminary considerations 4.44–4.47
    • procedure for obtaining warrant 4.48–4.62
    • property 3.82–3.86
    • provision of security and release from 4.79–4.84
    • security proves insufficient 4.93
    • service on person named in notice against 4.25
    • support of arbitral proceedings 4.33–4.42
  • ADM 4
    • procedure for obtaining warrant 4.48, 4.49
  • ADM 5
  • Arrest Convention 1952 4.32, 4.33
  • Athens Convention 1974 5.25, 5.26–5.29, 8.93–8.94
  • Bail 4.90–4.91
  • Beneficial owner 3.42–3.59
  • Bottomry 2.145–2.147
  • Brexit 8.30, 8.94
  • Brussels Convention 3.6–3.8, 3.80
  • Capable of being used in navigation
  • Charge 2.55
    • mortgage distinguished from 10.41
  • Cinque Port Commissioners 1.37
  • Cinque ports 1.31–1.37
  • Civil procedure
    • reform nomenclature 1.68
  • Claim arising from an act which is or is claimed to be general average act 2.137–2.144
  • Claim arising from agreement relating to carriage of goods in ship or hire of ship 2.76–2.93
    • common law definition of salvage 2.83
    • danger 2.85–2.86
    • definition under Salvage Convention 1989 63
    • maritime lien 2.93
    • no maritime lien 2.79–2.82
    • recognised subjects of salvage 2.84
    • salvage by aircraft 2.89
    • salvage by Crown 2.90
    • success 2.88
    • voluntariness 2.87
  • Claim arising from bottomry definition 2.145–2.147
  • Claim arising under sale and purchase agreements 2.40
  • Claim for damage done by ship 2.57–2.73
    • defective ship, apparel or equipment 2.69–2.70
    • indemnity in respect of statutory compensation 2.73
    • loss of life 2.72
    • maritime lien 2.67
    • master 2.68
    • oil pollution 2.62–2.66
    • wrongful act, neglect or default etc 2.71
  • Claim for damage received by ship 2.56
  • Claim for loss of or damage to goods carried in ship 2.74
    • no maritime lien 2.74
  • Claim forms
  • Claim in personam
    • claim in rem, and 3.19–3.23
    • judgment not bar to subsequent claim truly in rem 3.29
  • Claim in rem 1.66 See also Admiralty claim in rem
  • Claims required to be brought in Admiralty Court 1.12
  • Collision claims
    • appeals in 7.161–7.166
    • apportionment of claims by cargo owners 7.136
    • apportionment of liability 7.116–7.145
    • apportionment only applies as between vessels at fault 7.134
    • apportionment only applies to vessels and cargo 7.135
    • apportionment where liability is limited 7.137–7.138
    • apportionment where more than two ships are at fault 7.122
    • both ships to blame 7.149–7.160
    • costs in 7.146–7.160
    • costs on appeal 7.166
    • court must apportion blame unless it is impossible 7.123–7.130
    • effect of 2005 Regulations 7.106–7.110
    • “fault of vessels” 7.131–7.133
    • foreign court surveys and enquiries 7.111
    • inadmissibility of MAIB reports 7.104–7.105
    • jurisdiction in personam 7.2–7.3
    • jurisdiction in rem 7.4–7.5
    • loss of or damage to ships and cargo 7.117–7.118
    • may be stayed on forum non conveniens grounds 7.6–7.21
    • must be commenced in Admiralty Court 7.1
      • definition 7.1
    • neither ship to blame 7.147
    • one ship to blame 7.148
    • only causative fault is relevant 7.119–7.120
    • procedure in 7.22–7.41
      • amending statement of case 7.57–7.87
      • compliance with Article 6 of European Convention on Human Rights 7.102–7.103
      • counterclaims 7.42–7.43
      • cross-claim in rem 7.44–7.56
      • definition of electronic track data for purposes of CPR Part 61 7.24–7.41
      • exclusionary effect of appointment of nautical assessors 7.89–7.98
      • modern procedure 7.99–7.101
      • no pre-action protocol7.22
      • pre-action rules on preservation and pre-action disclosure of electronic track data 7.23
      • procedure for appointment of nautical assessors 7.88
    • role of nautical assessors on appeal 7.162–7.165
    • ships at fault need not have been in collision 7.121
    • skeleton arguments 7.115
    • witness evidence 7.112–7.114
  • Collision Convention 1952 7.4
  • Collision statement of case 7.34
  • Colonial Courts of Admiralty 1.41
  • Common law possessory liens 6.21–6.30
    • possessory lien holder must surrender ship to Admiralty Marshal 6.26–6.29
    • possessory lien requires possession 6.22–6.25

    • Page 411

    • possessory lien subject only to existing maritime liens 6.30
    • shiprepairer’s possessory lien 6.21
  • Compulsory winding up of companies 3.69–3.86
    • after commencement of winding up but before order 3.70–3.86
    • after winding-up order 3.87–3.98
    • appraisement and sale 3.85–3.86
    • arrest of property 3.82–3.84
    • automatic stay of proceedings 3.87
    • commencement of winding up 3.70
    • effect on an admiralty claim in rem 3.76
    • issue of an admiralty claim form in rem 3.77–3.79
    • secured creditors 3.88–3.98 See also Secured creditors
    • service of an admiralty claim form in rem 3.80–3.81
    • statutory provisions 3.71–3.75
  • Construction, repair or equipment of ship 2.107, 2.108
  • Costs 1.51
    • claims for 6.78
    • collision claims See Collision claims
    • defendants’ claims against fund in limitation claim 8.152
    • limitation claims 8.150–8.152
    • producer of the fund 6.34–6.35
    • references to Admiralty Registrar 9.18–9.20
    • ship mortgages 10.231
  • Counterclaims
  • County courts 1.15–1.21 9–11 1.21–1.25
    • abolition of jurisdiction 1.21
  • Court first seised 8.112
  • Court of Admiralty of the Cinque Ports 1.31–1.37
  • CPR Part 61 1.10–1.11
  • Cross-border insolvency 3.116–3.120
  • Crown immunity 3.60–3.63
  • Default proceedings 4.26–4.29
    • form of judgement 4.28
    • property not under arrest 4.29
    • property under arrest 4.28
  • Defective ship, apparel or equipment 2.69–2.70
  • Derelict 2.156
  • Disbursements 2.128–2.136
  • Distribution of fund in court 6.32–6.79
    • Admiralty Marshal’s expenses 6.33
    • claims for costs 6.78
    • costs of the producer of the fund 6.34–6.35
    • delay in asserting priority or unconscionable conduct 6.77
    • mortgages of foreign ships 6.63–6.75
    • mortgages of unregistered British ships 6.62
    • personal liability of one claimant to another 6.76
    • power to reopen order for priority 6.79
    • prima facie order of priorities 6.38–6.61
    • priorities and private international law 6.37
    • priority of competing claims 6.36
  • Dock charges or dues 2.107
  • Domicile 2.30, 2.35, 2.171, 3.6, 3.80
  • Droits of Admiralty 2.153–2.154
  • Electronic filing 1.13
  • Exclusion of liability 8.33–8.40
    • claims in respect of which liability is excluded 8.35–8.39
    • fire on board the ship 8.35–8.36
    • gold, silver, watches, jewels or precious stones 8.37
    • loss of right 8.40
    • nature and value were not at time of shipment declared 8.39
    • persons entitled to exclude their liability 8.34–8.40
    • theft, robbery or other dishonest conduct 8.38
  • Exercise of jurisdiction 3.1–3.59

  • Page 412

  • Foreign Enlistment Act 1870 2.151
    • Merchant Shipping Act 1995 2.153
    • proceeds of sale by Admiralty Marshal 2.152
  • Foreign sovereign immunity 3.64–3.66
    • claims in respect of cargo 3.65–3.66
    • claims in respect of ships and property other than cargo 3.64
  • Forfeiture 2.148
  • Formal investigations 1.44 See also Wreck inquiries
  • General average 2.137–2.144
  • Gold clause agreement 5.13–5.15
  • Goods or materials supplied to ship 2.104–2.106
  • Group litigation orders 8.138
    • procedure for filing of claims 8.141–8.142
    • procedure after obtaining decree 8.139
    • procedure to set aside decree 8.140
  • Hamburg Rules 1978 5.17
  • High Court
  • High seas, acts done on 2.168
  • Historical origins 1.1–1.4
  • Hovercraft
  • Indemnity in respect of statutory compensation 2.73
  • Insolvency 3.67–3.120
    • administration orders 121–125 3.100–3.111
    • compulsory winding up of companies 3.69–3.98 See also Compulsory winding up of companies
    • cross-border 3.116–3.120 See also Cross-border insolvency
    • individuals 3.112–3.115
    • voluntary winding up of companies 3.99–3.111
  • Inspection of ship or other property 4.140–4.142
  • Interest, power to award 2.169
  • Jet-ski 2.10
  • Judges of Admiralty Court 1.4
  • Laches 5.51–5.55
  • Limitation actions
    • costs of reference in 9.20
    • section 190 and claims made in 5.44
  • Limitation claims
  • Limitation fund
  • Limitation of actions
    • costs of reference in 9.20
    • section 190 and claims made in 5.44
  • Limitation of liability 8.1–8.152
  • Limitation periods 5.1–5.71
    • Foreign Limitation Periods Act 1984 5.56–5.71
      • application of foreign limitation period 5.56–5.57
      • public policy exception 5.58–5.71
    • laches 5.51–5.55
    • one-year time bar 5.2–5.15
      • cargo claims against carrying ship 5.2–5.6
      • gold clause agreement 5.13–5.15
      • substantive nature of time bar 5.9–5.12
      • time bar provisions 5.7–5.8
    • three-year period 5.46–5.50
      • claims against international oil pollution compensation fund 5.49–5.50
      • claims under Civil Liability Convention 1992 5.47–5.48
    • two-year time bar 5.16–5.45
      • application of Athens Convention 1974 5.26–5.29
      • application of Hamburg Rules 5.17
      • cargo claims against carrying ship 5.16
      • claims under Inter Club Agreement 5.23–5.24
      • contracting States 5.18
      • passenger claims against carrying ship 5.25
      • Rotterdam Rules 5.21
      • time bar provision 5.19–5.20, 5.22
      • two-year limit in section 190 of Merchant Shipping Act 5.30–5.45
  • Loss of life
  • MAIB reports 7.104–7.105
  • Marine accident investigations 1.42–1.43
  • Maritime lien
    • bottomry definition 2.146
    • carriage of goods in ship or use or hire of ship 2.93
    • common law possessory liens 6.30
    • damage done by ship 2.67
    • disbursements made on account of ship 2.135
    • discharge by laches 1.61
    • discharge by other means 1.62
    • discharge by satisfaction 1.60
    • distribution of fund in court 6.39, 6.66–6.74
    • insolvency 3.90
    • jurisdiction 3.34, 3.90
    • mortgages of ships 10.148–10.149
    • no maritime lien
      • carriage of goods in ship or use or hire of ship 2.79–2.82
      • construction, repair or equipment of ship 2.108
      • disbursements made on account of ship 2.136
      • dock charges or dues 2.108
      • general average act 2.144
      • goods or materials supplied to ship for operation or maintenance 2.106–2.107
      • loss of or damage to goods carried in ship 2.75
      • nature of pilotage in respect of ship 2.101
      • nature of towage in respect of ship 2.97
      • necessaries 2.175
      • wages 2.116
    • not discharged 1.63
    • rehearings 1.53–1.54
    • statutory claims in rem 1.66
    • statutory liens 1.66
    • transferability 1.64–1.65
  • Master
  • Mortgages See also Ship mortgages
  • Nautical assessors
    • amending a collision statement of case 7.78–7.87
      • function of 7.83
      • status of advice received from 7.84–7.87
    • appeals in collision claims 7.162–7.165
    • exclusionary effect of appointment of 7.89–7.98
    • modern procedure 7.99–7.103
    • procedure for appointment of 7.88
  • Navigable waters
  • Navigation
    • capable of being used in 2.9–2.26
    • “used in navigation” 2.6
  • Necessaries 2.170–2.175
  • Oil pollution 2.62–2.66
    • bunker oil 2.63
    • claims against international compensation Fund 5.49
    • exceptions from liability 2.63
    • liability of the Fund 2.66
    • limitation of liability 8.101–8.103
    • other cases 2.63
    • restriction of liability for 2.63
    • tankers 2.63
  • One-ship company situation
  • Other charge
  • Ownership 2.35
    • claims arising under sale and purchase agreements 2.40
    • claims brought irrespective of 3.33
    • claims limited by considerations of 3.38–3.39
    • mortgages 10.1, 10.15
    • no application to aircraft 2.29
    • possession 2.30–2.34
    • relevant standard of proof 2.36–2.38
    • title to foreign ships 2.39
    • transfer of 10.15
  • Particulars of claim
    • Admiralty Registrar 9.12–9.13
    • issue of in rem claim form 4.7–4.8
  • Payment out of court 4.137–4.141

  • Page 415

  • Pilotage
  • Pilotage Act 1987 2.103
  • Pilotage Authorities
    • basis of limitation fund under section 8.47
    • loss of right to limit liability by 8.48–8.74
  • Piracy 2.158
  • Possession of foreign ships 2.52–2.53
  • Possession of ship 2.30–2.34
    • claims arising under sale and purchase agreements 2.40
    • no application to aircraft 2.29
    • ownership 2.35
    • relevant standard of proof 2.36–2.38
    • title to foreign ships 2.39
  • Pre–action applications 1.14
  • Priorities 6.1–6.79
    • common law possessory liens 6.21–6.30
      • possessory lien holder must surrender ship to Admiralty Marshal 6.26–6.29
      • possessory lien requires possession 6.22–6.25
      • possessory lien subject only to existing maritime liens 6.30
      • shiprepairer’s possessory lien 6.21
    • distribution of fund in court 6.32–6.79
      • Admiralty Marshal’s expenses 6.33
      • claims for costs 6.78
      • competing claims 6.36
      • costs of producer of fund 6.34
      • delay in asserting priority or unconscionable conduct 6.77
      • mortgages of British registered ships 6.51–6.61
      • mortgages of British unregistered ships 6.62
      • mortgages of foreign ships 6.63–6.74
      • personal liability of one claimant to another 6.76
      • power to reopen order for priority 6.79
      • prima facie order of priorities 6.38–6.64
      • private international law 6.37
    • solicitor’s lien 6.31
    • statutory power of detention and sale 6.3–6.20
      • examples of statutory powers 6.3–6.20
  • Priorities, determination of 4.134
  • References to Admiralty Registrar
    • appeals 9.21–9.23
    • costs 9.18–9.20
      • limitation action 9.20
    • procedure 9.11–9.17
      • amendments and further statements of case 9.15
      • case management conference 9.16
      • defence in 9.14
      • hearing of 9.17
      • order for 9.11
      • particulars of claim in 9.12–9.13
    • types of claims 9.2–9.10
      • assistance of (merchant) assessors 9.4–9.6
      • discretionary 9.3
      • no reference unless it is clear something is due 9.9
      • ordinary rules of evidence apply 9.7
      • prior to judgment 9.10
      • questions of law 9.8
  • Release 4.94–4.107
  • Restraint 2.43–2.44
  • Restricted limitation decree 8.137
  • Royal Court of Guernsey 1.38
  • Royal Court of Jersey 1.30
  • Sale 4.111–4.126, 10.191–10.220
  • Sale and purchase agreements 2.40–2.42
  • Salvage
  • Seaman
  • Secured creditors 3.88–3.98
    • maritime lien holders 3.90
    • mortgagees 3.89
    • person with a statutory right of action in rem 3.91–3.98
  • Senior Courts Act 1981: section 20(1)(a) – subsection 20(2) 2.29–2.158
  • Senior Courts Act 1981: section 20(1)(b) – subsection 20(3) 2.159–2.164
  • Senior Courts Act 1981: section 20(1) (c) 2.165–2.169
  • Senior Courts Act 1981: section 20(1)(d) 2.176
  • Service of claim form 8.130–8.149
    • cargo claims in collision cases 8.145
    • claims settled by claimant 8.143
    • disputes between claimants against fund 8.144
    • distribution of limitation fund 8.146–8.149
    • insolvency 3.80–3.81
    • substituted service 4.16–4.24
      • acknowledgment before service effected 4.19
      • Admiralty Marshal 4.20
      • innocent passage 4.17
      • manner of service on cargo 4.22
      • manner of service on freight 4.23
      • manner of service on proceeds of sale 4.24
      • manner of service on ship 4.21
      • no service out of jurisdiction 4.18
      • person named in notice against arrest, on 4.25
  • Ship
    • meaning 2.3–2.26
    • not 2.27–2.28
      • jurisdiction over aircraft and hovercraft 2.177–2.179
      • necessaries 2.170–2.175
      • Senior Courts Act 1981: section 20(1)(a) – subsection 20(2) 2.29–2.158
      • Senior Courts Act 1981: section 20(1)(b) – subsection 20(3) 2.159–2.164
      • Senior Courts Act 1981: section 20(1)(c) 2.165–2.169
      • Senior Courts Act 1981: section 20(1)(d) 2.176
  • Ship mortgages 10.1–10.231 See also Mortgages
  • Shipwreck 2.155 2.155
  • Solicitor’s lien 6.31
  • Standard of proof 2.36–2.38
  • Statutory power of detention and sale 6.3–6.20
    • effect of court sale up statutory rights 6.10–6.20
    • effect of sale 6.7
    • examples 6.3–6.6
    • priority lost if statutory rights not exercised 6.9
    • superior to power of Admiralty Marshal 6.8
  • Staying proceedings 3.87
  • Subject matter jurisdiction 1.32–1.33, 2.1–2.179
  • Title to foreign ships 2.39
  • Towage 2.94–2.100
  • Used in navigation
    • capable of being used in navigation 2.9–2.26
    • meaning 2.6
  • Vasso Orders 4.142
  • Vessel
    • apportionment only applies as between vessels at fault 7.134
    • apportionment only applies to vessels and cargo 7.135
    • fault of vessels 7.131–7.133
    • meaning 2.5
    • used in navigation 2.6
  • Wages 2.113–2.115
  • Warrant of arrest
    • no out of hours service for issue of 4.64
    • procedure for obtaining 4.48–4.62
      • ADM4 4.49
      • ADM5 4.50–4.51
      • discretion to issue notwithstanding failure to comply with rules 4.56
      • execution of warrant 4.60–4.62

      • Page 418

      • no cross-undertaking in damages or counter-security 4.57
      • no discretion not to issue 4.55
      • no further or special reason required 4.58
      • no requirement to give full and frank disclosure 4.52–4.54
      • period of validity 4.59
  • Witnesses 7.112–7.114
  • Wreccum maris 2.155
  • Wreck
    • outside territorial sea 2.157
  • Wreck inquiries 1.42–1.44
  • Wrongful act, neglect or default 2.71
  • Wrongful arrest 4.35–4.40

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