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THE ADMIRALTY & COMMERCIAL COURTS GUIDE 2006

 

N  Admiralty
N1   General
N1.1   Proceedings in the Admiralty Court are dealt with in Part 61 and its associated practice direction.
N1.2   The Admiralty & Commercial Courts Guide has been prepared in consultation with the Admiralty Judge. It has been adopted to provide guidance about the conduct of proceedings in the Admiralty Court. The Guide must be followed in the Admiralty Court unless the content of Part 61, its associated practice direction or the terms of this section N require otherwise.
N1.3   One significant area of difference between practice in the Commercial Court and practice in the Admiralty Court is that many interlocutory applications are heard by the Admiralty Registrar who has all the powers of the Admiralty judge save as provided otherwise: rule 61.1 (4).
N2   The Admiralty Court Committee
N2.1   The Admiralty Court Committee provides a specific forum for contact and consultation between the Admiralty Court and its users. Its meetings are usually held in conjunction with the Commercial Court Users Committee. Any correspondence should be addressed to the Deputy Admiralty Marshal, Royal Courts of Justice, Strand, WC2 A 2LL.
N3   Commencement of proceedings, service of Statements of Case and associated matters
N3.1   Sections B and C of this guide apply to all Admiralty claims except:
 
(i)   a claim in rem;
 
(ii)   a collision claim; and
 
(iii)   a limitation claim.
N4   Commencement and early stages of a claim in rem
N4.1   The early stages of an in rem claim differ from those of other claims. The procedure is governed generally by rule 61.3 and PD 61 Paragraphs 3.1-3.11.
N4.2   In addition, the following sections of the Guide apply to claims in rem: B3.3, B3.7 -- B3.11, B6.4 -- B6.6, C1.1 -- C1.9, C1.11 and C2.1 (ii) -- C5.4.
N4.3   Subject to PD 61 Paragraph 3.7, section C1.10 of the Guide also applies to claims in rem.
N4.4   After an acknowledgement of service has been filed a claim in rem follows the procedure applicable to a claim proceeding in the Commercial List, save that the Claimant is allowed 75 days in which to serve his particulars of claim: PD 61 Paragraph 3.10.
N5   The early stages of a Collision Claim
N5.1   Where a collision claim is commenced in rem, the general procedure applicable to claims in rem applies subject to rule 61.4 and PD 61 Paragraphs 4.1- 4.5.
N5.2   Where a collision claim is not commenced in rem the general procedure applicable to claims proceeding in the Commercial List applies subject to rule 61.4 and PD 61 Paragraphs 4.1-4.5.
N5.3   Service of a claim form out of the jurisdiction in a collision claim (other than a claim in rem) is permitted in the circumstances identified in rule 61.4(7) only and the procedure set out in Appendix 15 of the Guide should be adapted accordingly.
N5.4   One particular feature of a collision action is that the parties must prepare and file a Collision Statement of Case. Prior to the coming into force of Part 61, a Collision Statement of Case was known as a Preliminary Act and the law relating to Preliminary Acts continues to apply to Collision Statements of Case: PD 61 Paragraph 4.5.
N5.5   The provisions of Appendix 4 apply to part 2 of a Collision Statement of Case (but not to part 1).
N5.6   Every party is required, so far as it is able, to provide full and complete answers to the questions contained in part 1 of the Collision Statement of Case. The answers should descend to a reasonable level of particularity.
N5.7   The answers to the questions contained in part 1 are treated as admissions made by the party answering the questions and leave to amend such answers will be granted only in exceptional circumstances. As to the principles applicable to the amendment of particulars of claim in a collision claim reference should be made to the judgment of Gross J. in The Topaz [2003] 2 Lloyd's Rep 19.
N6   The early stages of a Limitation Claim
N6.1   The procedure governing the early stages of a limitation claim differs significantly from the procedure relating to other claims and is contained in rule 61.11 and PD 61 Paragraph 10.1.
N6.2   Service of a limitation claim form out of the jurisdiction is permitted in the circumstances identified in rule 61.11 (5) only and the procedure set out in Appendix 15 of the Guide should be adapted accordingly.
N7   Issue of documents when the Registry is closed.
N7.1   When the Registry is closed (and only when it is closed) an Admiralty claim form may be issued on the following designated fax machine: 020 7947 6245 and only on that machine.
N7.2   The procedure to be followed is set out in Appendix 3 of the Guide.
N7.3   The issue of an Admiralty claim form in accordance with the procedure set out in Appendix 3 shall have the same effect for all purposes as a claim form issued in accordance with the relevant provisions of rule 61 and PD 61.
N7.4   When the Registry is closed (and only when it is closed) a notice requesting a caution against release may be filed on the following designated fax machine: 020 7947 6245 and only on that machine. This machine is manned 24 hours a day by court security staff (telephone 020 7947 6260).
N7.5   The notice requesting the caution should be transmitted with a note in the following form for ease of identification by security staff: "CAUTION AGAINST RELEASE Please find notice requesting caution against release of the ... (name ship/identify cargo) ... for filing in the Admiralty & Commercial Registry."
N7.6   The notice must be in Admiralty Form No. ADM11 and signed by a solicitor acting on behalf of the applicant.
N7.7   Subject to the provisions of sections N7.9 and N7.10 below, the filing of the notice takes place when the fax is recorded as having been received.
N7.8   When the Registry is next open to the public, the filing solicitor or his agent shall attend and deliver to the Registry the document which was transmitted by fax together with the transmission report. Upon satisfying himself that the document delivered fully accords with the document received by the Registry, the court officer shall stamp the document delivered with the time and date on which the notice was received, enter the same in the caution register and retain the same with the faxed copy.
N7.9   Unless otherwise ordered by the court, the stamped notice shall be conclusive proof that the notice was filed at the time and on the date stated.
N7.10   If the filing solicitor does not comply with the foregoing procedure, or if the notice is not stamped, the notice shall be deemed never to have been filed.
N8   Case Management
N8.1   The case management provisions of the Guide apply to Admiralty claims save that:
 
(i)   In Admiralty claims the case management provisions of the Guide are supplemented by PD 61 Paragraphs 2.1-2.3 which make provision for the early classification and streaming of cases;
 
(ii)   In a collision case the claimant should apply for a case management conference within 7 days after the last Collision Statement of Case is filed;
 
(iii)   In a limitation claim where the right to limit is not admitted and the claimant seeks a general limitation decree, the claimant must, within 7 days after the date of the filing of the defence of the defendant last served or the expiry of the time for doing so, apply to the Admiralty Registrar for a case management conference: PD 61 Paragraph 10.7;
 
(iv)   In a collision claim or a limitation claim a mandatory case management conference will normally take place on the first available date 5 weeks after the date when the claimant is required to take steps to fix a date for the case management conference;
 
(v)   In a limitation claim, case management directions are initially given by the Registrar: PD 61 Paragraph 10.8;
 
(vi)   In the Admiralty Court, the Case Management Information Sheet should be in the form in Appendix 6 of this Guide but should also include the following questions: -- 1. Do any of the issues contained in the List of Issues involve questions of navigation or other particular matters of an essentially Admiralty nature which require the trial to be before the Admiralty Judge? 2. Is the case suitable to be tried before a Deputy Judge nominated by the Admiralty Judge? 3. Do you consider that the court should sit with nautical or other assessors? If you intend to ask that the court sit with one or more assessors who is not a Trinity Master, please state the reasons for such an application.
N8.2   The two judge team system referred to in section D.4 of the Guide does not apply to Admiralty claims.
N9   Evidence
N9.1   In collision claims, section H1.5 and Appendix 8 are subject to the proviso that experience has shown that it is usually desirable for the main elements of a witness' evidence in chief to be adduced orally.
   Authenticity
N9.2  
 
(a)   Where the authenticity of any document disclosed to a party is not admitted, that party must serve notice that the document must be proved at trial in accordance with CPR 32.19. Such notice must be served by the latest date for serving witness statements or within 7 days of disclosure of the document, whichever is later.
 
(b)   Where, apart from the authenticity of the document itself, the date upon which a document or an entry in it is stated to have been made or the person by whom the document states that it or any entry in it was made or any other feature of the document is to be challenged at the trial on grounds which may require a witness to be called at the trial to support the contents of the document, such challenge
 
(i)   must be raised in good time in advance of the trial to enable such witness or witnesses to be called;
 
(ii)   the grounds of challenge must be explicitly identified in the skeleton argument or outline submissions in advance of the trial.
 
(c)   Where, due to the late disclosure of a document it or its contents or character cannot practicably be challenged within the time limits prescribed in (a) or (b), the challenge may only be raised with the permission of the court and having regard to the Overriding Objective (CPR 1.1).
   Skeleton arguments in Collision Claims
N9.3   In collision claims the skeleton argument of each party must be accompanied by a plot or plots of that party's case or alternative cases as to the navigation of vessels during and leading to the collision. All plots must contain a sufficient indication of the assumptions used in the preparation of the plot.
N10   Split trials, accounts, enquiries and enforcement
N10.1   In collision claims it is usual for liability to be tried first and for the assessment of damages and interest to be referred to the Admiralty Registrar.
N10.2   Where the Admiralty Court refers an account, enquiry or enforcement, it will usually refer the matter to the Admiralty Registrar.
N11   Release of vessels out of hours
N11.1   This section makes provision for release from arrest when the Registry is closed.
N11.2   An application for release under rule 61.8(4)(c) or (d) may, when the Registry is closed, be made in, and only in, the following manner:
 
(i)   The solicitor for the arrestor or the other party applying must telephone the security staff at the Royal Courts of Justice (020 7947 6260) and ask to be contacted by the Admiralty Marshal, who will then respond as soon as practicably possible;
 
(ii)   Upon being contacted by the Admiralty Marshal the solicitor must give oral instructions for the release and an oral undertaking to pay the fees and expenses of the Admiralty Marshal as required in Form No. ADM 12;
 
(iii)   The arrestor or other party applying must then send a written request and undertaking on Form No. ADM 12 by fax to a number given by the Admiralty Marshal;
 
(iv)   The solicitor must provide written consent to the release from all persons who have entered cautions against release (and from the arrestor if the arrestor is not the party applying) by sending such consents by fax to the number supplied by the Admiralty Marshal;
 
(v)   Upon the Admiralty Marshal being satisfied that no cautions against release are in force, or that all persons who have entered cautions against release, and if necessary the arrestor, have given their written consent to the release, the Admiralty Marshal shall effect the release as soon as practicable.
N11.3   Practitioners should note that the Admiralty Marshal is not formally on call and therefore at times may not be available to assist. Similarly the practicalities of releasing a ship in some localities may involve the services of others who may not be available outside court hours.
N11.4   This service is offered to practitioners for use during reasonable hours and on the basis that if the Admiralty Marshal is available and can be contacted he will use his best endeavours to effect instructions to release but without guarantee as to their success.
N12   Use of postal facilities in the Registry
N12.1   Applications together with the requisite documents may be posted to: The Admiralty and Commercial Registry, Room EB15, Royal Courts of Justice, Strand, London WC2 A 2LL.
N12.2   In addition to the classes of business for which the use of postal facilities is permitted by the CPR or the Commercial Court Guide, the filing of the following classes of documents is also permitted in Admiralty matters: (i) Requests for cautions;
 
(ii)   Collision Statements of Case.
N12.3  
(a)   Documents sent by post for filing must be accompanied by two copies of a list of the documents sent and an envelope properly addressed to the sender.
(b)   On receipt of the documents in the Registry, the court officer will, if the circumstances are such that had the documents been presented personally they would have been filed, cause them to be filed and will, by post, notify the sender that this has been done. If the documents would not have been accepted if presented personally the court officer will not file them but will retain them in the Registry for collection by the sender and will, by post, so inform the sender.
(c)   When documents received through the post are filed by the court officer they will be sealed and entered as filed on the date on which they were received in the Registry.
N13   Insurance of arrested property
N13.1   The Marshal will not insure any arrested property for the benefit of parties at any time during the period of arrest (whether before or after the lodging of an application for sale, if any).
N13.2   The Marshal will use his best endeavours (but without any legal liability for failure to do so) to advise all parties known to him as being on the record in actions in rem against the arrested property, including those who have filed cautions against release of that property, before any such property moves or is moved beyond the area covered by the usual port risks policy.
N13.3   In these circumstances, practitioners' attention is drawn to the necessity of considering the questions of insuring against port risks for the amount of their clients' interest in any property arrested in an Admiralty action and the inclusion in any policy of a "Held Covered" clause in case the ship moves or is moved outside the area covered by the usual port risks policy. The usual port risks policy provides, among other things, for a ship to be moved or towed from one berth to another up to a distance of five miles within the port where she is lying.
N14   Assessors
N14.1   In collision claims and other cases involving issues of navigation and seamanship, the Admiralty Court usually sits with assessors. The parties are not permitted to call expert evidence on such matters without the leave of the court: rule 61.13. 14.2 Parties are reminded of the practice with regard to the disclosure of any answers to the court's questions and the opportunity for comment on them as set out in the Judgment of Gross J. in The Global Mariner [2005] 1 Lloyd's Rep 699 at p702. 14.3 Provision is made in rule 35.15 for assessors' remuneration. The usual practice is for the court to seek an undertaking from the claimant to pay the remuneration on demand after the case has concluded.