See also Practice Direction
61
Part
61
ADMIRALTY CLAIMS
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Scope and interpretation
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61.1 |
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| | (1)
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This Part applies to admiralty claims.
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| | (2)
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In this Part –
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| | (a)
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‘admiralty claim’ means a claim
within the Admiralty jurisdiction of the High Court as set out in section 20 of
the Supreme Court Act 1981Acts1;
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| | (b)
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‘the Admiralty Court’ means the
Admiralty Court of the Queen's Bench Division of the High Court of
Justice;
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| | (c)
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‘claim in rem’ means a claim in an
admiralty action in rem;
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| | (d)
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‘collision claim’ means a claim
within section 20(3)(b) of the Supreme Court Act 1981Acts;
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| | (e)
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‘limitation claim’ means a claim
under the Merchant Shipping Act 1995Acts2
for the limitation of liability in connection with a
ship or other property;
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| | (f)
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‘salvage claim’ means a claim
–
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| | (i)
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for or in the nature of salvage;
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| | (ii)
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for special compensation under Article 14
of Schedule 11 to the Merchant Shipping Act 1995Acts;
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| | (iii)
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for the apportionment of salvage;
and
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| | (iv)
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arising out of or connected with any
contract for salvage services;
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| | (g)
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‘caution against arrest’ means a
caution entered in the Register under rule 61.7;
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| | (h)
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‘caution against release’ means a
caution entered in the Register under rule 61.8;
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| | (i)
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‘the Register’ means the Register of
cautions against arrest and release which is open to inspection as provided by
the practice direction;
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| | (j)
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‘the Marshal’ means the Admiralty
Marshal;
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| | (k)
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‘ship’ includes any vessel used in
navigation; and
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| | (l)
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‘the Registrar’ means the Queen's
Bench Master with responsibility for Admiralty claims.
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| | (3)
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Part 58 (Commercial Court) applies to claims in the
Admiralty Court except where this Part provides otherwise.
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| | (4)
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The Registrar has all the powers of the Admiralty judge
except where a rule or practice direction provides otherwise.
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Admiralty claims
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61.2 |
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| | (1)
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The following claims must be started in the Admiralty
Court –
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| | (a)
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a claim –
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| | (ii)
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for damage done by a ship;
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| | (iii)
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concerning the ownership of a ship;
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| | (iv)
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under the Merchant Shipping Act
1995;
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| | (v)
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for loss of life or personal injury
specified in section 20(2)(f) of the Supreme Court Act 1981Acts;
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| | (vi)
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by a master or member of a crew for
wages;
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| | (vii)
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in the nature of towage; or
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| | (viii)
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in the nature of pilotage;
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| | (c)
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a limitation claim; or
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| | (2)
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Any other admiralty claim may be started in the
Admiralty Court.
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| | (3)
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Rule
30.5 applies to claims in the
Admiralty Court except that the Admiralty Court may order the transfer of a
claim to –
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| | (c)
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the Mercantile list at the Central London County
Court; or
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| | (d)
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any other appropriate court.
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| Rule 61.2(3) amended
w/e from 6 April 2006. |
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Claims in rem
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61.3 |
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| | (1)
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This rule applies to claims in rem.
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| | (2)
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A claim in rem is started by the issue of an in rem
claim form as set out in the practice direction.
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| | (3)
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Subject to rule 61.4, the particulars of claim must
–
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| | (a)
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be contained in or served with the claim form;
or
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| | (b)
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be served on the defendant by the claimant within
75 days after service of the claim form.
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| | (4)
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An acknowledgment of service must be filed within 14
days after service of the claim form.
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|
| | (5)
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The claim form must be served –
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| | (a)
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in accordance with the practice direction;
and
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| | (b)
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within 12 months after the date of issue and
rules 7.5 and 7.6 are modified accordingly.
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| | (6)
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If a claim form has been issued (whether served or
not), any person who wishes to defend the claim may file an acknowledgment of
service.
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Special provisions relating to collision
claims
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61.4 |
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| | (1)
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This rule applies to collision claims.
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| | (2)
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A claim form need not contain or be followed by
particulars of claim and rule 7.4 does not apply.
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| | (3)
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An acknowledgment of service must be filed.
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| | (4)
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A party who wishes to dispute the court's jurisdiction
must make an application under Part 11 within 2 months after filing his
acknowledgment of service.
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| | (5)
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Every party must –
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| | (a)
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within 2 months after the defendant files the
acknowledgment of service; or
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| | (b)
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where the defendant applies under Part 11, within
2 months after the defendant files the further acknowledgment of
service,
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file at the court a completed collision statement of
case in the form specified in the practice direction.
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| | (6)
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A collision statement of case must be –
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| | (a)
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in the form set out in the practice direction;
and
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| | (b)
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verified by a statement of truth.
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|
| | (7)
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A claim form in a collision claim may not be served out
of the jurisdiction unless –
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| | (a)
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the case falls within section 22(2)(a), (b) or
(c) of the Supreme Court Act 1981Acts3;
or
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|
| | (b)
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the defendant has submitted to or agreed to
submit to the jurisdiction; and
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the court gives permission in accordance with Section
IV of Part 6.
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|
| | (8)
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Where permission to serve a claim form out of the
jurisdiction is given, the court will specify the period within which the
defendant may file an acknowledgment of service and, where appropriate, a
collision statement of case.
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|
| | (9)
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Where, in a collision claim in rem (‘the original
claim’) –
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| | (a)
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|
| | (ii)
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a cross claim in rem
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arising out of the same collision or occurrence is
made; and
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| | (b)
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| | (i)
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the party bringing the original claim has
caused the arrest of a ship or has obtained security in order to prevent such
arrest; and
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|
| | (ii)
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the party bringing the Part 20 claim or
cross claim is unable to arrest a ship or otherwise obtain security,
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the party bringing the Part 20 claim or cross claim may
apply to the court to stay the original claim until sufficient security is
given to satisfy any judgment that may be given in favour of that party.
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| | (10)
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The consequences set out in paragraph (11) apply where
a party to a claim to establish liability for a collision claim (other than a
claim for loss of life or personal injury) –
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| | (a)
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makes an offer to settle in the form set out in
paragraph (12) not less than 21 days before the start of the trial;
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| | (b)
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that offer is not accepted; and
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| | (c)
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the maker of the offer obtains at trial an
apportionment equal to or more favourable than his offer.
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|
| | (11)
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Where paragraph (10) applies the parties will, unless
the court considers it unjust, be entitled to the following costs
–
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| | (a)
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the maker of the offer will be entitled to
–
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| | (i)
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all his costs from 21 days after the offer
was made; and
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| | (ii)
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his costs before then in the percentage to
which he would have been entitled had the offer been accepted; and
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| | (b)
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all other parties to whom the offer was made
–
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| | (i)
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will be entitled to their costs up to 21
days after the offer was made in the percentage to which they would have been
entitled had the offer been accepted; but
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| | (ii)
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will not be entitled to their costs
thereafter.
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| | (12)
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An offer under paragraph (10) must be in writing and
must contain –
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| | (a)
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an offer to settle liability at stated
percentages;
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| | (b)
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an offer to pay costs in accordance with the same
percentages;
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| | (c)
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a term that the offer remain open for 21 days
after the date it is made; and
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|
| | (d)
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a term that, unless the court orders otherwise,
on expiry of that period the offer remains open on the same terms except that
the offeree should pay all the costs from that date until acceptance.
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| Text substituted in Rule 61.4(7) w/e from 1 October 2008. |
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Arrest
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61.5 |
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| | (1)
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In a claim in rem –
may apply to have the property proceeded against
arrested.
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|
| | (2)
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The practice direction sets out the procedure for
applying for arrest.
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|
| | (3)
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A party making an application for arrest must
–
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| | (a)
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request a search to be made in the Register
before the warrant is issued to determine whether there is a caution against
arrest in force with respect to that property; and
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|
| | (b)
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file a declaration in the form set out in the
practice direction.
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| | (4)
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A warrant of arrest may not be issued as of right in
the case of property in respect of which the beneficial ownership, as a result
of a sale or disposal by any court in any jurisdiction exercising admiralty
jurisdiction in rem, has changed since the claim form was issued.
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| | (5)
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A warrant of arrest may not be issued against a ship
owned by a State where by any convention or treaty, the United Kingdom has
undertaken to minimise the possibility of arrest of ships of that State until
–
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| | (a)
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notice in the form set out in the practice
direction has been served on a consular officer at the consular office of that
State in London or the port at which it is intended to arrest the ship;
and
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| | (b)
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a copy of that notice is attached to any
declaration under paragraph (3)(b).
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| | (6)
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Except –
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| | (a)
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with the permission of the court; or
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| | (b)
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where notice has been given under paragraph (5),
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a warrant of arrest may not be issued in a claim in rem
against a foreign ship belonging to a port of a State in respect of which an
order in council has been made under section 4 of the Consular Relations Act
19684,
until the expiration of 2 weeks from appropriate notice to the consul.
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| | (7)
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A warrant of arrest is valid for 12 months but may only
be executed if the claim form –
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| | (b)
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remains valid for service at the date of
execution.
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| | (8)
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Property may only be arrested by the Marshal or his
substitute.
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| | (9)
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Property under arrest –
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| | (a)
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may not be moved unless the court orders
otherwise; and
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| | (b)
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may be immobilised or prevented from sailing in
such manner as the Marshal may consider appropriate.
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| | (10)
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Where an in rem claim form has been issued and security
sought, any person who has filed an acknowledgment of service may apply for an
order specifying the amount and form of security to be provided.
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Security in claim in rem
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61.6 |
|
| | (1)
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This rule applies if, in a claim in rem, security has
been given to –
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| | (a)
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obtain the release of property under arrest;
or
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| | (b)
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prevent the arrest of property.
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| | (2)
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The court may order that the –
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| | (a)
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amount of security be reduced and may stay the
claim until the order is complied with; or
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| | (b)
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claimant may arrest or re-arrest the property
proceeded against to obtain further security.
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| | (3)
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The court may not make an order under paragraph (2)(b)
if the total security to be provided would exceed the value of the property at
the time –
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| | (a)
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of the original arrest; or
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| | (b)
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security was first given (if the property was not
arrested).
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Cautions against arrest
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61.7 |
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| | (1)
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Any person may file a request for a caution against
arrest.
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|
| | (2)
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When a request under paragraph (1) is filed the court
will enter the caution in the Register if the request is in the form set out in
the practice direction and –
|
| | (a)
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the person filing the request undertakes
–
|
| | (i)
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to file an acknowledgment of service;
and
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|
| | (ii)
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to give sufficient security to satisfy the
claim with interest and costs; or
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|
| | (b)
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where the person filing the request has
constituted a limitation fund in accordance with Article 11 of the Convention
on Limitation of Liability for Maritime Claims 19765 he
–
|
| | (i)
|
states that such a fund has been
constituted; and
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|
| | (ii)
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undertakes that the claimant will
acknowledge service of the claim form by which any claim may be begun against
the property described in the request.
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|
| | (3)
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A caution against arrest –
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| | (a)
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is valid for 12 months after the date it is
entered in the Register; but
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|
| | (b)
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may be renewed for a further 12 months by filing
a further request.
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|
| | (4)
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Paragraphs (1) and (2) apply to a further request under
paragraph (3)(b).
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|
| | (5)
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Property may be arrested if a caution against arrest
has been entered in the Register but the court may order that –
|
| | (a)
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the arrest be discharged; and
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| | (b)
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the party procuring the arrest pays compensation
to the owner of or other persons interested in the arrested property.
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Release and cautions against release
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61.8 |
|
| | (1)
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Where property is under arrest –
|
| | (a)
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an in rem claim form may be served upon it;
and
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|
| | (b)
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it may be arrested by any other person claiming
to have an in rem claim against it.
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|
| | (2)
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Any person who –
|
| | (a)
|
claims to have an in rem right against any
property under arrest; and
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|
| | (b)
|
wishes to be given notice of any application in
respect of that property or its proceeds of sale,
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may file a request for a caution against release in the
form set out in the practice direction.
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|
| | (3)
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When a request under paragraph (2) is filed, a caution
against release will be entered in the Register.
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|
| | (4)
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Property will be released from arrest if –
|
| | (a)
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it is sold by the court;
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|
| | (b)
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the court orders release on an application made
by any party;
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|
| | (c)
| |
| | (i)
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the arresting party; and
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|
| | (ii)
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all persons who have entered cautions
against release
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file a request for release in the form set out in
the practice direction; or
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|
| | (d)
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any party files –
|
| | (i)
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a request for release in the form set out
in the practice direction (containing an undertaking); and
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|
| | (ii)
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consents to the release of the arresting
party and all persons who have entered cautions against release.
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|
| | (5)
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Where the release of any property is delayed by the
entry of a caution against release under this rule any person who has an
interest in the property may apply for an order that the person who entered the
caution pay damages for losses suffered by the applicant because of the
delay.
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|
| | (6)
|
The court may not make an order under paragraph (5) if
satisfied that there was good reason to –
|
| | (a)
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request the entry of; and
|
the caution.
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|
| | (7)
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Any person –
|
| | (a)
|
interested in property under arrest or in the
proceeds of sale of such property; or
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|
| | (b)
|
whose interests are affected by any order sought
or made,
|
may be made a party to any claim in rem against the
property or proceeds of sale.
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|
| | (8)
|
Where –
|
| | (a)
| |
| | (i)
|
a ship is not under arrest but cargo on
board her is; or
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|
| | (ii)
|
a ship is under arrest but cargo on board
her is not; and
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|
| | (b)
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persons interested in the ship or cargo wish to
discharge the cargo,
|
they may, without being made parties, request the
Marshal to authorise steps to discharge the cargo.
|
|
| | (9)
|
If –
|
| | (a)
|
the Marshal considers a request under paragraph
(8) reasonable; and
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|
| | (b)
|
the applicant gives an undertaking in writing
acceptable to the Marshal to pay –
|
| | (ii)
|
all expenses to be incurred by him or on
his behalf
|
on demand,
|
the Marshal will apply to the court for an order to
permit the discharge of the cargo.
|
|
| | (10)
|
Where persons interested in the ship or cargo are
unable or unwilling to give an undertaking as referred to in paragraph (9)(b),
they may –
|
| | (a)
|
be made parties to the claim; and
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|
| | (b)
|
apply to the court for an order for
–
|
| | (i)
|
discharge of the cargo; and
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|
| | (ii)
|
directions as to the fees and expenses of
the Marshal with regard to the discharge and storage of the cargo.
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Judgment in default
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61.9 |
|
| | (1)
|
In a claim in rem (other than a collision claim) the
claimant may obtain judgment in default of –
|
| | (a)
|
an acknowledgment of service only if
–
|
| | (i)
|
the defendant has not filed an
acknowledgment of service; and
|
|
| | (ii)
|
the time for doing so set out in rule
61.3(4) has expired; and
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|
|
| | (b)
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defence only if –
|
| | (i)
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a defence has not been filed; and
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|
| | (ii)
|
the relevant time limit for doing so has
expired.
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|
| | (2)
|
In a collision claim, a party who has filed a collision
statement of case within the time specified by rule 61.4(5) may obtain judgment
in default of a collision statement of case only if –
|
| | (a)
|
the party against whom judgment is sought has not
filed a collision statement of case; and
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|
| | (b)
|
the time for doing so set out in rule 61.4(5) has
expired.
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|
|
| | (3)
|
An application for judgment in default –
|
| | (a)
|
under paragraph (1) or paragraph (2) in an in rem
claim must be made by filing –
|
| | (i)
|
an application notice as set out in the
practice direction;
|
|
| | (ii)
|
a certificate proving service of the claim
form; and
|
|
| | (iii)
|
evidence proving the claim to the
satisfaction of the court; and
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|
|
| | (b)
|
under paragraph (2) in any other claim must be
made in accordance with Part 12 with any necessary modifications.
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|
|
| | (4)
|
An application notice seeking judgment in default and,
unless the court orders otherwise, all evidence in support, must be served on
all persons who have entered cautions against release on the Register.
|
|
| | (5)
|
The court may set aside or vary any judgment in default
entered under this rule.
|
|
| | (6)
|
The claimant may apply to the court for judgment
against a party at whose instance a notice against arrest was entered where
–
|
| | (b)
|
the sum claimed in the claim form does not exceed
the amount specified in the undertaking given by that party in accordance with
rule 61.7(2)(ii); and
|
|
| | (c)
|
that party has not fulfilled that undertaking
within 14 days after service on him of the claim form.
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Sale by the court, priorities and payment
out
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|
61.10 |
|
| | (1)
|
An application for an order for the survey,
appraisement or sale of a ship may be made in a claim in rem at any stage by
any party.
|
|
| | (2)
|
If the court makes an order for sale, it may
–
|
| | (a)
|
set a time within which notice of claims against
the proceeds of sale must be filed; and
|
|
| | (b)
|
the time and manner in which such notice must be
advertised.
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|
|
| | (3)
|
Any party with a judgment against the property or
proceeds of sale may at any time after the time referred to in paragraph (2)
apply to the court for the determination of priorities.
|
|
| | (4)
|
An application notice under paragraph (3) must be
served on all persons who have filed a claim against the property.
|
|
| | (5)
|
Payment out of the proceeds of sale will be made only
to judgment creditors and –
|
| | (a)
|
in accordance with the determination of
priorities; or
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|
|
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Limitation claims
|
|
61.11 |
|
| | (1)
|
This rule applies to limitation claims.
|
|
| | (2)
|
A claim is started by the issue of a limitation claim
form as set out in the practice direction.
|
|
| | (3)
|
The –
|
| | (b)
|
at least one defendant
|
must be named in the claim form, but all other
defendants may be described.
|
|
| | (4)
|
The claim form –
|
| | (a)
|
must be served on all named defendants and any
other defendant who requests service upon him; and
|
|
| | (b)
|
may be served on any other defendant.
|
|
|
| | (5)
|
The claim form may not be served out of the
jurisdiction unless –
|
| | (a)
|
the claim falls within section 22(2)(a), (b) or
(c) of the Supreme Court Act 1981Acts6;
|
|
| | (b)
|
the defendant has submitted to or agreed to
submit to the jurisdiction of the court; or
|
|
| | (c)
|
the Admiralty Court has jurisdiction over the
claim under any applicable Convention; and
|
the court grants permission in accordance with Section
IV of Part 6.
|
|
| | (6)
|
An acknowledgment of service is not required.
|
|
| | (7)
|
Every defendant upon whom a claim form is served must
–
|
| | (a)
|
within 28 days of service file –
|
| | (ii)
|
a notice that the
defendant admits the right of
the claimant to limit liability; or
|
|
|
| | (b)
|
if the
defendant wishes to
–
|
| | (i)
|
dispute the jurisdiction of the court;
or
|
|
| | (ii)
|
argue that the court should not exercise
its jurisdiction,
|
file within 14 days of service (or where the
claim form is served out of the jurisdiction, within the time specified in rule
6.35)
an acknowledgment of service as set out in the practice direction.
|
|
|
| | (8)
|
If a defendant files an acknowledgment of service under
paragraph (7)(b) he will be treated as having accepted that the court has
jurisdiction to hear the claim unless he applies under Part 11 within 14 days
after filing the acknowledgment of service.
|
|
| | (9)
|
Where one or more named defendants admits the right to
limit –
|
| | (a)
|
the claimant may apply for a restricted
limitation decree in the form set out in the practice direction; and
|
|
| | (b)
|
the court will issue a decree in the form set out
in the practice direction limiting liability only against those named
defendants who have admitted the claimant's right to limit liability.
|
|
|
| | (10)
|
A restricted limitation decree –
|
| | (a)
|
may be obtained against any named defendant who
fails to file a defence within the time specified for doing so; and
|
|
| | (b)
|
need not be advertised, but a copy must be served
on the defendants to whom it applies.
|
|
|
| | (11)
|
Where all the defendants upon whom the claim form has
been served admit the claimant's right to limit liability –
|
| | (a)
|
the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in the practice direction;
and
|
|
| | (b)
|
the court will issue a limitation decree.
|
|
|
| | (12)
|
Where one or more of the defendants upon whom the claim
form has been served do not admit the claimant's right to limit, the claimant
may apply for a general limitation decree in the form set out in the practice
direction.
|
|
| | (13)
|
When a limitation decree is granted the court
–
|
| | (a)
|
may –
|
| | (i)
|
order that any proceedings relating to any
claim arising out of the occurrence be stayed;
|
|
| | (ii)
|
order the claimant to establish a
limitation fund if one has not been established or make such other arrangements
for payment of claims against which liability is limited; or
|
|
| | (iii)
|
if the decree is a restricted limitation
decree, distribute the limitation fund; and
|
|
|
| | (b)
|
will, if the decree is a general limitation
decree, give directions as to advertisement of the decree and set a time within
which notice of claims against the fund must be filed or an application made to
set aside the decree.
|
|
|
| | (14)
|
When the court grants a general limitation decree the
claimant must –
|
| | (a)
|
advertise it in such manner and within such time
as the court directs; and
|
|
| | (b)
|
file –
|
| | (i)
|
a declaration that the decree has been
advertised in accordance with paragraph (a); and
|
|
| | (ii)
|
copies of the advertisements.
|
|
|
|
| | (15)
|
No later than the time set in the decree for filing
claims, each of the defendants who wishes to assert a claim must file and serve
his statement of case on –
|
| | (a)
|
the limiting party; and
|
|
| | (b)
|
all other defendants except where the court
orders otherwise.
|
|
|
| | (16)
|
Any person other than a defendant upon whom the claim
form has been served may apply to the court within the time fixed in the decree
to have a general limitation decree set aside.
|
|
| | (17)
|
An application under paragraph (16) must be supported
by a declaration –
|
| | (a)
|
stating that the applicant has a claim against
the claimant arising out of the occurrence; and
|
|
| | (b)
|
setting out grounds for contending that the
claimant is not entitled to the decree, either in the amount of limitation or
at all.
|
|
|
| | (18)
|
The claimant may constitute a limitation fund by making
a payment into court.
|
|
| | (19)
|
A limitation fund may be established before or after a
limitation claim has been started.
|
|
| | (20)
|
If a limitation claim is not commenced within 75 days
after the date the fund was established –
|
| | (a)
|
the fund will lapse; and
|
|
| | (b)
|
all money in court (including interest) will be
repaid to the person who made the payment into court.
|
|
|
| | (21)
|
Money paid into court under paragraph (18) will not be
paid out except under an order of the court.
|
|
| | (22)
|
A limitation claim for –
|
| | (a)
|
a restricted decree may be brought by
counterclaim; and
|
|
| | (b)
|
a general decree may only be brought by
counterclaim with the permission of the court.
|
|
|
| Text substituted in Rule 61.11(5) and Rule 61.11(7) w/e from 1 October 2008. |
|
|
Stay of proceedings
|
|
61.12 |
Where the court orders a stay of any claim in rem
–
|
| | (a)
|
any property under arrest in the claim remains
under arrest; and
|
|
| | (b)
|
any security representing the property remains in
force,
|
unless the court orders otherwise.
|
|
|
|
Assessors
|
|
61.13 |
The court may sit with assessors when hearing
–
|
| | (b)
|
other claims involving issues of navigation or
seamanship, and
|
the parties will not be permitted to call
expert witnesses unless the court orders otherwise.
|
|
