Introduction

3.1 Having considered in Chapter 2 the scope of the subject-matter jurisdiction of the Admiralty Court, this chapter will describe the manner in which that jurisdiction is exercised. Admiralty jurisdiction may be exercised in personam or in rem. The terms “in rem” and “in personam” are not mere Latin shorthand used by Admiralty lawyers today in deference to tradition. They are the statutory terms used in SCA 1981 s. 21 to describe the two modes in which Admiralty Jurisdiction of the High Court may be exercised. They are also the terms which are used in CPR rule 61.1 There is no such thing as a “hybrid” or “mixed” claim which combines elements of an in rem and an in personam claim.2 As discussed below,3 in certain circumstances proceedings commenced in rem may become in personam proceedings. However, when this happens the original in rem claim continues to exist alongside the in personam claim as a hybrid action.4