Admiralty Jurisdiction and Practice
| Admiralty Jurisdiction and Practice, 6th Edition, (c) 2025 |
Page 407
Index
Page 407
- 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
- hearing of 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
- 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
Page 408
- judgment in default 4.26–4.29
- payment out of court 4.137–4.141
- 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
- Admiralty Registrar 1.6–1.9
- collision claims 7.29
- Admiralty Registrar, references to 9.1–9.22
- amendments 9.15
- appeals 9.21–9.23
- assistance of assessors 9.4–9.6
- case management conference 9.16
- costs 9.18–9.20
- defence in 9.14
- discretionary 9.3
- hearing 9.17
- no reference unless clear something is due 9.9
- order for 9.11
- ordinary rules of evidence 9.7
- particulars of claim 9.12–9.13
- prior to judgement 9.10
- procedure 9.11–9.17
- questions of law 9.8
- types of claims 9.2–9.10
- Aircraft
- Appeals
- Appraisement 4.108–4.126
- 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
- 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
- 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
- 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
1.66
See also Admiralty claim in rem
- after winding-up order 3.91–3.99
- amendment of claim form 4.12–4.14
- application to the court 4.135–4.136
- appraisement 4.108–4.126
- appraisement and sale pendente lite 4.127–4.133
- arrest 4.30–4.93
- beneficial owner 3.42–3.47 See also Beneficial owner
- claims brought against sister ships 3.40–3.41
- claims brought irrespective of ownership 3.33
- claims limited by considerations of ownership 3.38–3.39
- claims in personam, and 3.19–3.29
- cross-claim in rem 7.44–7.56
- determination of priorities 4.134
- domestic English law position 3.10–3.15
- European jurisdictional law, and 3.6–3.9
- exercise of jurisdiction 3.4–3.31
- foreign judgments 3.30–3.31
- insolvency and 3.76–3.81
- issue of claim form 4.1–4.11
- judgment in default 4.26–4.29
- jurisdiction for collision claims in rem 7.4–7.5
- nature of 3.4–3.31
- no longer issued by fax 4.10–4.11
- other charges 3.35–3.59
- payment out of court 4.137–4.141
- prescribed claim form 4.1–4.9
- quasi 3.16–3.18
- release 4.94–4.106
- service 4.15–4.25
- statutory rights of action rank last 6.44–6.50
- substituted service 4.16–4.25
- types of claims 3.32–3.33
- Vasso Orders 4.142
Page 410
- 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
- amending 7.57–7.87
- background to new rules 7.35–7.36
- case management conference 7.69–7.76
- contents 7.46–7.48
- costs of 7.62
- costs budgeting 7.77
- difficulties in completing 7.49–7.55
- function and effect of 7.56
- function of nautical assessors 7.83
- judgment in default for failure to file 7.66–7.68
- nautical assessors 7.78–7.82
- Part 18 requests of 7.64–7.65
- status of advice received from nautical assessors 7.84–7.87
- Colonial Courts of Admiralty 1.41
- Common law possessory liens 6.21–6.30
- 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
- no maritime lien 2.108
- Costs 1.51
- 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
- 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
- no maritime lien 2.108
- 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
- Foreign Enlistment Act 1870 2.151
- Foreign sovereign immunity 3.64–3.66
- 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
- no maritime lien 2.106
- Group litigation orders 8.138
- 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
- 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
- Limitation claims
- commencing 8.108–8.129
- constituting a fund under Article 11 of 1976 Convention 8.114–8.116
- costs 8.150–8.152
- declarations of limited liability 8.117–8.120
- defences and counterclaims 8.112
- independent 8.113
- jurisdiction 8.108–8.109, 8.117–8.120
- proceedings to establish a fund 8.121–8.127
- three ways to invoke 8.110–8.116
- Limitation fund
- amount 8.88–8.100
- basis under section 191 8.46
- constitutions of 8.131–8.132
- disputes between claimants against 8.144
- distribution of 8.146–8.149
- general considerations 8.131
- legal 8.132
- limits of liability under amended Athens Convention 8.95–8.100
- limits for loss of life and personal injury 8.90
- limits for other claims 8.91
- limits for passenger claims 8.92–8.94
- mechanics of constituting 8.134–8.136
- pilots and pilotage authorities 8.47–8.48
- proceedings to establish 8.121–8.127
- tonnage 8.89
- Limitation of actions
- Limitation of liability 8.1–8.152
- 2002 Protocol 8.93–8.94
- amount 8.88–8.100
- Conventions
- costs in claims 8.150–8.152
- defendants’ claims against fund 8.152
- counterclaims, and 8.75–8.77
- development in English law 8.5–8.12
- exclusion of liability 8.33–8.40
- fire on board ship 8.35–8.36
- gold, silver, watches, jewels or precious stones 8.37
- harbour authorities and dock owners 3.41–8.42
- loss of right to 8.40
- nature and value were not at the time of shipment declared 8.39
- owner etc of a ship 8.50–8.70
- persons entitled to exclude liability 8.34–8.40
- persons entitled under section 191 of MSA 1995 8.43–8.74
- pilots and pilotage authorities 8.47, 8.48–8.74
- theft, robbery or other dishonest conduct 8.38
- whatever the basis of liability 8.71–8.74
- hazardous and noxious substances 8.24
- IMO Resolution LEG.5(99) 8.19–8.20
- loss of right to 8.78–8.87
- Merchant Shipping Act 1995 8.25–8.31
- nuclear damage claims 8.23
- oil pollution 8.101–8.103
- procedure 8.104–8.149
- cargo claims in collision cases 8.145
- claims settled by claimant 8.143
- commencing claim 8.108–8.127
- constitution of a fund 8.114–8.116, 8.134–8.135
- declarations of 8.117–8.120
- defence, as 8.105–8.106
- defences and counterclaims 8.112
- disputes between claimants against fund 8.144
- distribution of fund 8.146–8.149
- group litigation orders 8.138
- independent limitation claims 8.113
- issue of the claim form 8.128–8.129
- jurisdiction 8.108–8.109, 8.117–8.120
- mechanics of constituting fund 8.134–8.136
- no admission by invoking right to limit under Amended 1976 Convention 8.104
- proceedings to establish a fund 8.121–8.127
- service of the claim form 8.130–8.149
- three ways to invoke 8.110–8.116
- obtaining a decree, by 8.107
- substantive law 8.32
- release 4.101–4.103
- Senior Courts Act 1981 2.165
- under English law today 8.21–8.22
- Limitation periods 5.1–5.71
- Foreign Limitation Periods Act 1984 5.56–5.71
- laches 5.51–5.55
- one-year time bar 5.2–5.15
- three-year period 5.46–5.50
- 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
- Navigable waters
- Navigation
- Necessaries 2.170–2.175
- Oil pollution 2.62–2.66
- One-ship company situation
- Other charge
- Ownership 2.35
- Particulars of claim
- Payment out of court 4.137–4.141
- Pilotage
- Pilotage Act 1987 2.103
- Pilotage Authorities
- Piracy 2.158
- Possession of foreign ships 2.52–2.53
- Possession of ship 2.30–2.34
- Pre–action applications 1.14
- Priorities 6.1–6.79
- common law possessory liens 6.21–6.30
- 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
- Priorities, determination of 4.134
- References to Admiralty Registrar
- 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
- Admiralty Marshal, effect of sale by 4.123–4.125
- appraisement and sale pendente lite 4.127–4.133
- claims of third parties to oil sold with ship 4.113
- court sale 10.128–10.220
- effect of 4.123–4.125, 10.213–10.214
- expenses incurred in order to achieve best price 4.114–4.117
- foreign currency 4.126
- manner of service on proceeds of 4.24
- Merchant Shipping Act 1995 10.22
- transfer by bill of sale 10.22
- not a “ship” 2.40, 2.50–2.51
- private offers for 4.119–4.122
- proceeds of 10.215–10.217
- property included in 4.112
- Sale of Goods Act 1979 10.16–10.21
- statutory power of 206–210 6.3–6.20
- stopping sale 4.118
Page 416
- Sale and purchase agreements 2.40–2.42
- Salvage
- Seaman
- Secured creditors 3.88–3.98
- 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
- bareboat registration 10.9
- British ships 10.2
- certificate of registry 10.10–10.14
- discharge 10.82–10.87
- entitlement to registration 10.7–10.8
- failure or irregularity of registration 10.23–10.33
- Merchant Shipping Act 1995
- mortgages 10.34–10.43
- ownership 10.1
- registered mortgages 10.52
- registered ships 10.58–10.68
- registration 10.3–10.6
- rights and liabilities of mortgager and mortgagee 10.89–10.231
- appointment of receiver 10.182–10.185
- foreclosure 10.186–10.190
- intervention by charterers or other interested parties 10.221
- joint mortgagees 10.112
- joint mortgagors 10.111
- mode of taking possession 10.159–10.164
- mortgagee 10.133–10.152
- mortgagee in possession 10.165–10.181
- mortgagee of shares 10.222–10.231
- mortgagor 10.94–10.104
- mortgagor in possession 10.118–10.132
- possession of mortgaged property 10.113–10.117
- prior charterparties 10.153–10.158
- redemption 10.105–10.110
- sale 10.191–10.220
- Sale of Goods Act 1979 10.16–10.21
- scope of the mortgage 10.69–10.76
- termination of registration 10.88
- transfer 10.77–10.81
- 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
- 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
- Vasso Orders 4.142
- Vessel
- 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
- 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
Page 418
- 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