PRACTICE DIRECTION – ADMIRALTY CLAIMS

Contents of this Practice Direction
Title
61.1 – Scope
Case management
61.3 – Claims in rem
61.4 – Collision claims
61.5 – Arrest
61.7 – Cautions against arrest
61.8 – Release and cautions against release
61.9 – Judgment in default
61.10 – Sale by the court and priorities
61.11 – Limitation claims
Proceeding against or concerning the International Oil Pollution Compensation Fund 1992 and the International Oil Pollution Supplementary Fund
Other claims
References to the Registrar
Undertakings

61.1 – Scope


1.1	The practice direction^pdp-58supplementing Part 58 (Commercial Claims) also applies to Admiralty claims except where it is inconsistent with Part 61 or this practice direction.

Case management

2.1

After a claim form is issued the Registrar will issue a direction in writing stating –

(1)   whether the claim will remain in the Admiralty Court or be transferred to another court; and

(2)   if the claim remains in the Admiralty Court –

(a)   whether it will be dealt with by –

(i)   the Admiralty judge; or

(ii)   the Registrar; and

(b)   whether the trial will be in London or elsewhere.

2.2

In making these directions the Registrar will have regard to –

(1) the nature of the issues and the sums in dispute; and

(2) the criteria set in rule 26.8 so far as they are applicable.


2.3	Where the Registrar directs that the claim will be dealt with by the Admiralty judge, case management directions will be given and any case management conference or pre-trial review will be heard by the Admiralty judge.

61.3 – Claims in rem


3.1	A claim form in rem must be in Form ADM1.

This Paragraph is referred to in: PDP 04 (3.2).

3.2

The claimant in a claim in rem may be named or may be described, but if not named in the claim form must identify himself by name if requested to do so by any other party.
3.3
The defendant must be described in the claim form.

3.4
The acknowledgment of service must be in Form ADM2. The person who acknowledges service must identify himself by name.

This Paragraph is referred to in: PDP 04 (3.2).
3.5

The period for acknowledging service under rule 61.3(4) applies irrespective of whether the claim form contains particulars of claim.
3.6
A claim form in rem may be served in the following ways:

(1)   on the property against which the claim is brought by fixing a copy of the claim form –

(a)   on the outside of the property in a position which may reasonably be expected to be seen; or

(b)   where the property is freight, either –

(i)   on the cargo in respect of which the freight was earned; or

(ii)   on the ship on which the cargo was carried;

(2)   if the property to be served is in the custody of a person who will not permit access to it, by leaving a copy of the claim form with that person;

(3)   where the property has been sold by the Marshal, by filing the claim form at the court;

(4)   where there is a notice against arrest, on the person named in the notice as being authorised to accept service;

(5)   on any solicitor authorised to accept service;

(6)   in accordance with any agreement providing for service of proceedings; or

(7)   in any other manner as the court may direct under rule 6.15 provided that the property against which the claim is brought or part of it is within the jurisdiction of the court.

Text substituted in paragraph 3.6(7) w/e from 1 October 2008.
3.7

In claims where the property –

(1) is to be arrested; or

(2) is already under arrest in current proceedings,

the Marshal will serve the in rem claim form if the claimant requests the court to do so.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N4.3).
3.8

In all other cases in rem claim forms must be served by the claimant.
3.9
Where the defendants are described and not named on the claim form (for example as ‘the Owners of the Ship X’), any acknowledgment of service in addition to stating that description must also state the full names of the persons acknowledging service and the nature of their ownership.

3.10
After the acknowledgment of service has been filed, the claim will follow the procedure applicable to a claim proceeding in the Commercial list except that the claimant is allowed 75 days to serve the particulars of claim.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N4.4).
3.11

A defendant who files an acknowledgment of service to an in rem claim does not lose any right he may have to dispute the jurisdiction of the court (see rule 10.1(3)(b) and Part 11).
3.12
Any person who pays the prescribed fee may, during office hours, search for, inspect and take a copy of any claim form in rem whether or not it has been served.

61.4 – Collision claims


4.1	A collision statement of case must be in form ADM3.

This Paragraph is referred to in: PDP 04 (3.2).

4.2

A collision statement of case must contain –

(1)   in Part 1 of the form, answers to the questions set out in that Part; and

(2)   in Part 2 of the form, a statement –

(a)   of any other facts and matters on which the party filing the collision statement of case relies;

(b)   of all allegations of negligence or other fault which the party filing the collision statement of case makes; and

(c)   of the remedy which the party filing the collision statement of case claims.

4.3
When he files his collision statement of case each party must give notice to every other party that he has done so.

4.4
Within 14 days after the last collision statement of case is filed each party must serve a copy of his collision statement of case on every other party.

4.5
Before 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 will continue to apply to collision statements of case.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N5.4).

61.5 – Arrest

5.1

An application for arrest must be –

(1) in form ADM4 (which must also contain an undertaking); and

(2) accompanied by a declaration in form ADM5.

This Paragraph is referred to in: PDP 04 (3.2), (3.2).

5.2

When it receives an application for arrest that complies with the rules and the practice direction the court will issue an arrest warrant.
5.3
The declaration required by rule 61.5(3)(b) must be verified by a statement of truth and must state –

(1)   in every claim –

(a)   the nature of the claim or counterclaim and that it has not been satisfied and if it arises in connection with a ship, the name of that ship;

(b)   the nature of the property to be arrested and, if the property is a ship, the name of the ship and her port of registry; and

(c)   the amount of the security sought, if any.

(2)   in a claim against a ship by virtue of section 21(4) of the Supreme Court Act 1981^Acts –

(a)   the name of the person who would be liable on the claim if it were not commenced in rem;

(b)   that the person referred to in sub-paragraph (a) was, when the right to bring the claim arose –

(i)   the owner or charterer of; or

(ii)   in possession or in control of,

the ship in connection with which the claim arose; and

(c)   that at the time the claim form was issued the person referred to in sub-paragraph (a) was either –

(i)   the beneficial owner of all the shares in the ship in respect of which the warrant is required; or

(ii)   the charterer of it under a charter by demise;

(3)   in the cases set out in rules 61.5 (5) and (6) that the relevant notice has been sent or served, as appropriate; and

(4)   in the case of a claim in respect of liability incurred under section 153 of the Merchant Shipping Act 1995^Acts, the facts relied on as establishing that the court is not prevented from considering the claim by reason of section 166(2) of that Act.

5.4
The notice required by rule 61.5(5)(a) must be in form ADM6.

This Paragraph is referred to in: PDP 04 (3.2).
5.5

Property is arrested –

(1)   by service on it of an arrest warrant in form ADM9 in the manner set out at paragraph 3.6(1); or

(2)   where it is not reasonably practicable to serve the warrant, by service of a notice of the issue of the warrant –

(a)   in the manner set out in paragraph 3.6(1) on the property; or

(b)   by giving notice to those in charge of the property.

This Paragraph is referred to in: PDP 04 (3.2).
5.6

When property is arrested the Registrar will issue standard directions in form ADM10.
5.7
The Marshal does not insure property under arrest.

61.7 – Cautions against arrest


6.1	The entry of a caution against arrest is not treated as a submission to the jurisdiction of the court.


6.2	The request for a caution against arrest must be in form ADM7.

This Paragraph is referred to in: PDP 04 (3.2).

6.3

On the filing of such a request, a caution against arrest will be entered in the Register.
6.4
The Register is open for inspection when the Admiralty and Commercial Registry is open.

61.8 – Release and cautions against release


7.1	The request for a caution against release must be in form ADM11.

This Paragraph is referred to in: PDP 04 (3.2).

7.2

On the filing of such a request, a caution against release will be entered in the Register.
7.3
The Register is open for inspection when the Admiralty and Commercial Registry is open.

7.4
A request for release under rule 61.8(4)(c) and (d) must be in form ADM12.

This Paragraph is referred to in: PDP 04 (3.2).
7.5

A withdrawal of a caution against release must be in form ADM12A.

This Paragraph is referred to in: PDP 04 (3.2).

61.9 – Judgment in default


8.1	An application notice for judgment in default must be in form ADM13.

This Paragraph is referred to in: PDP 04 (3.2).

61.10 – Sale by the court and priorities

9.1

Any application to the court concerning –

(1)   the sale of the property under arrest; or

(2)   the proceeds of sale of property sold by the court
will be heard in public and the application notice served on –

(a)   all parties to the claim;

(b)   all persons who have requested cautions against release with regard to the property or the proceeds of sale; and

(c)   the Marshal.


9.2	Unless the court orders otherwise an order for sale will be in form ADM14.

This Paragraph is referred to in: PDP 04 (3.2).

9.3

An order for sale before judgment may only be made by the Admiralty judge.
9.4
Unless the Admiralty judge orders otherwise, a determination of priorities may only be made by the Admiralty judge.

9.5
When –

(1)   proceeds of sale are paid into court by the Marshal; and

(2)   such proceeds are in a foreign currency,

the funds will be placed on one day call interest bearing account unless the court orders otherwise.

9.6
Unless made at the same time as an application for sale, or other prior application, an application to place foreign currency on longer term deposit may be made to the Registrar.

9.7
Notice of the placement of foreign currency in an interest bearing account must be given to all parties interested in the fund by the party who made the application under paragraph 9.6.

9.8
Any interested party who wishes to object to the mode of investment of foreign currency paid into court may apply to the Registrar for directions.

61.11 – Limitation claims

10.1

The claim form in a limitation claim must be –

(1)   in form ADM15; and

(2)   accompanied by a declaration –

(a)   setting out the facts upon which the claimant relies; and

(b)   stating the names and addresses (if known) of all persons who, to the knowledge of the claimant, have claims against him in respect of the occurrence to which the claim relates (other than named defendants),

verified by a statement of truth.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N6.1).

10.2

A defence to a limitation claim must be in form ADM16A.

This Paragraph is referred to in: PDP 04 (3.2).
10.3

A notice admitting the right of the claimant to limit liability in a limitation claim must be in form ADM16.

This Paragraph is referred to in: PDP 04 (3.2).
10.4

An acknowledgment of service in a limitation claim must be in form ADM16B.

This Paragraph is referred to in: PDP 04 (3.2).
10.5

An application for a restricted limitation decree must be in form ADM17 and the decree issued by the court on such an application must be in form ADM18.

This Paragraph is referred to in: PDP 04 (3.2).
10.6

An application for a general limitation decree must be in form ADM17A.
10.7
Where –

(1)   the right to limit is not admitted; and

(2)   the claimant seeks a general limitation decree in form ADM17A,

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 for an appointment before the Registrar for a case management conference.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N8.1).
10.8

On an application under rule 61.11(12) the Registrar may –

(1)   grant a general limitation decree; or

(2)   if he does not grant a decree –

(a)   order service of a defence;

(b)   order disclosure by the claimant; or

(c)   make such other case management directions as may be appropriate.

This Paragraph is referred to in: Comm Ct Guide - Pt N (N8.1).
10.9

The fact that a limitation fund has lapsed under rule 61.11(a) does not prevent the establishment of a new fund.
10.10
Where a limitation fund is established, it must be –

(1)   the sterling equivalent of the number of special drawing rights to which [the claimant] claims to be entitled to limit his liability under the Merchant Shipping Act 1995^Acts; together with

(2)   interest from the date of the occurrence giving rise to his liability to the date of payment into court.

10.11
Where the claimant does not know the sterling equivalent referred to in paragraph 10.10(1) on the date of payment into court he may –

(1)   calculate it on the basis of the latest available published sterling equivalent of a special drawing right as fixed by the International Monetary Fund; and

(2)   in the event of the sterling equivalent of a special drawing right on the date of payment into court being different from that used for calculating the amount of that payment into court the claimant may –

(a)   make up any deficiency by making a further payment into court which, if made within 14 days after the payment into court, will be treated, except for the purpose of the rules relating to the accrual of interest on money paid into court, as if made on the date of that payment into court; or

(b)   apply to the court for payment out of any excess amount (together with any interest accrued) paid into court.

10.12
An application under paragraph 10.11(2)(b) –

(1)   may be made without notice to any party; and

(2)   must be supported by evidence proving, to the satisfaction of the court, the sterling equivalent of the appropriate number of special drawing rights on the date of payment into court.

10.13
The claimant must give notice in writing to every named defendant of –

(1)   any payment into court specifying –

(a)   the date of the payment in;

(b)   the amount paid in;

(c)   the amount and rate of interest included; and

(d)   the period to which it relates; and

(2)   any excess amount (and interest) paid out to him under paragraph 10.11(2)(b).

10.14
A claim against the fund must be in form ADM20.

10.15
A defendant's statement of case filed and served in accordance with rule 61.11(15) must contain particulars of the defendant's claim.

10.16
Any defendant who is unable to file and serve a statement of case in accordance with rule 61.11(15) and paragraph 10.15 must file a declaration, verified by a statement of truth, in form ADM21 stating the reason for his inability.

This Paragraph is referred to in: PDP 04 (3.2).
10.17

No later than 7 days after the time for filing claims [or declarations], the Registrar will fix a date for a case management conference at which directions will be given for the further conduct of the proceedings.
10.18
Nothing in rule 61.11 prevents limitation being relied on by way of defence.

Proceeding against or concerning the International Oil Pollution Compensation Fund 1992 and the International Oil Pollution Supplementary Fund


11.1	For the purposes of section 177 of the Merchant Shipping Act 1995 (‘the Act’), the Fund may be given notice of proceedings by any party to a claim against an owner or guarantor in respect of liability under section 153 of the Act by that person serving a notice in writing on the Fund together with copies of the claim form and any statements of case served in the claim.


11.2	Notice given to the Fund under paragraph 11.1 shall be deemed to have been given to the Supplementary Fund.

11.3

The Fund or the Supplementary Fund may intervene in any claim to which paragraph 11.1 applies, (whether or not served with the notice), by serving notice of intervention on the –

(1)   owner;

(2)   guarantor; and

(3)   court.

11.4

Where a judgment is given against –

(1)   the Fund in any claim under section 175 of the Act;

(2)   the Supplementary Fund in any claim under section 176A of the Act, the Registrar will arrange for a stamped copy of the judgment to be sent by post to –

(a)   the Fund (where paragraph (1) applies);

(b)   the Supplementary Fund (where paragraph (2) applies).

11.5

Notice to the Registrar of the matters set out in –

(1)   section 176(3)(b) of the Act in proceedings under section 175; or

(2)   section 176B(2)(b) of the Act in proceedings under section 176A, must be given in writing and sent to the court by –

(a)   the Fund (where paragraph (1) applies);

(b)   the Supplementary Fund (where paragraph (2) applies).

Other claims


12.1	This section applies to Admiralty claims which, before the coming into force of Part 61, would have been called claims in personam. Subject to the provisions of Part 61 and this practice direction relating to limitation claims and to collision claims, the following provisions apply to such claims.


12.2	All such claims will proceed in accordance with Part 58 (Commercial Court).


12.3	The claim form must be in Form ADM1A and must be served by the claimant.

This Paragraph is referred to in: PDP 04 (3.2).

12.4

The claimant may be named or may be described, but if not named in the claim form must identify himself by name if requested to do so by any other party.
12.5
The defendant must be named in the claim form.

12.6
Any person who files a defence must identify himself by name in the defence.

References to the Registrar


13.1	The court may at any stage in the claim refer any question or issue for determination by the Registrar (a ‘reference’).

13.2

Unless the court orders otherwise, where a reference has been ordered –

(1) if particulars of claim have not already been served, the claimant must file and serve particulars of claim on all other parties within 14 days after the date of the order; and

(2) any party opposing the claim must file a defence to the claim within 14 days after service of the particulars of claim on him.


13.3	Within 7 days after the defence is filed, the claimant must apply for an appointment before the Registrar for a case management conference.

Undertakings

14.1

Where, in [Part 61] or this practice direction, any undertaking to the Marshal is required it must be given –

(1) in writing and to his satisfaction; or

(2) in accordance with such other arrangements as he may require.


14.2	Where any party is dissatisfied with a direction given by the Marshal in this respect he may apply to the Registrar for a ruling.

Admiralty Claims

ADM1 to ADM22


3.4	The acknowledgment of service must be in Form ADM2. The person who acknowledges service must identify himself by name.


3.9	Where the defendants are described and not named on the claim form (for example as ‘the Owners of the Ship X’), any acknowledgment of service in addition to stating that description must also state the full names of the persons acknowledging service and the nature of their ownership.


3.10	After the acknowledgment of service has been filed, the claim will follow the procedure applicable to a claim proceeding in the Commercial list except that the claimant is allowed 75 days to serve the particulars of claim.


3.12	Any person who pays the prescribed fee may, during office hours, search for, inspect and take a copy of any claim form in rem whether or not it has been served.


(1)	in Part 1 of the form, answers to the questions set out in that Part; and


4.3	When he files his collision statement of case each party must give notice to every other party that he has done so.


4.4	Within 14 days after the last collision statement of case is filed each party must serve a copy of his collision statement of case on every other party.


4.5	Before 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 will continue to apply to collision statements of case.


5.4	The notice required by rule 61.5(5)(a) must be in form ADM6.


(1)	by service on it of an arrest warrant in form ADM9 in the manner set out at paragraph 3.6(1); or


6.4	The Register is open for inspection when the Admiralty and Commercial Registry is open.


7.4	A request for release under rule 61.8(4)(c) and (d) must be in form ADM12.


9.4	Unless the Admiralty judge orders otherwise, a determination of priorities may only be made by the Admiralty judge.


9.6	Unless made at the same time as an application for sale, or other prior application, an application to place foreign currency on longer term deposit may be made to the Registrar.


9.7	Notice of the placement of foreign currency in an interest bearing account must be given to all parties interested in the fund by the party who made the application under paragraph 9.6.


9.8	Any interested party who wishes to object to the mode of investment of foreign currency paid into court may apply to the Registrar for directions.


10.15	A defendant's statement of case filed and served in accordance with rule 61.11(15) must contain particulars of the defendant's claim.


10.16	Any defendant who is unable to file and serve a statement of case in accordance with rule 61.11(15) and paragraph 10.15 must file a declaration, verified by a statement of truth, in form ADM21 stating the reason for his inability.


10.18	Nothing in rule 61.11 prevents limitation being relied on by way of defence.


12.6	Any person who files a defence must identify himself by name in the defence.