14.1 Introduction

14.4.1 Generally

Service alerts a party to the institution of legal proceedings against them and is an essential step if those proceedings are to be successful and lead to an order for sale. Proceedings in rem are proceedings against the res. In Freeman v Alderson ¹ Field J delivering the opinion of the Court said that “[a]ctions in rem, strictly considered, are proceedings against property alone”. Service then has the further purpose of enabling arrest of the res. The right given by a maritime lien said Atkin LJ in The Tervaete ² is “a right to take proceedings in a Court of law to have the ship seized, and, if necessary, sold”. But, as noted previously, where the in personam rule applies, in several of the concerned jurisdictions proceedings in rem only arise if proceedings in personam against the res owner are maintainable.