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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 The Nature and Scope of the Modern Admiralty Action
- Preliminary Material
- A Introduction
- B The Modern Action In Rem
- C The Competing Theories of the Nature of the Action In Rem
- D The ‘True Nature’ of the Modern Action In Rem
- E Overview of the Mode of Exercise of Admiralty Jurisdiction
- F Claims Enforceable Only In Personam
- 3 Proprietary Maritime Claims
- 4 Maritime Liens (and ‘other Charges’)
- Preliminary Material
- A Introduction
- B The Regime Applicable to the Enforcement of Maritime Liens
- C The Maritime Liens Recognized in English Law
- D Foreign Maritime Liens
- 5 General Maritime Claims
- Preliminary Material
- A The Scope of the General Maritime Claims
- B The Conditions Relating to In Personam Liability
- C The Individual General Maritime Claims
- 5.35
- Damage done by a ship
- Loss of life or personal injury
- Loss of or damage to goods carried in a ship
- Agreements relating to the carriage of goods in or to the use or hire of a ship
- Salvage
- Towage and pilotage
- Necessaries
- Construction, repair, or equipment of a ship or dock charges or dues
- Wages
- Disbursements made on account of a ship
- General average
- Bottomry
- D Heads of Claim Recognized in Other Jurisdictions
- E Claims Against Aircraft
- 6 Admiralty Procedure and the Arrest Process
- Preliminary Material
- 6.01
- A Sources of Admiralty Procedure
- B Features of Admiralty Procedure
- C The Admiralty Marshal
- D The Procedure Applicable to Claims In Personam
- E The Procedure Applicable to Claims In Rem
- Commencement of a claim in rem
- Service of a claim form in rem
- Renewal of a claim form in rem
- Acknowledgement of service of a claim in rem
- Judgment in default
- Summary judgment
- Challenges to the jurisdiction
- Procedure subsequent to acknowledgement of service
- References to the Registrar
- Agency
- Interest
- F The Procedure Applicable to Arrest
- G Proceedings Concerning the International Oil Pollution Compensation Fund
- 7 Post-Arrest Procedure
- Preliminary Material
- A The Effect of Arrest
- B Insurance
- C Joinder of Parties
- D Subsequent In Rem Proceedings
- E Applications Relating to Undertakings
- F The Provision of Security
- G Release from Arrest
- H Rearrest
- I Applications Relating to the Discharge of Cargo
- J Applications Relating to the Loading of Cargo
- K Applications Relating to the Discharge of the Ship when the Cargo is Arrested
- L Applications Relating to the Crew
- M Appraisement and Sale
- N Applications Relating to Wrongful Arrest
- 8 Distribution of the Fund
- Preliminary Material
- A Priorities
- 8.01
- 8.02
- 8.03
- 8.04
- The priority ranking of maritime claims
- The prima facie ranking
- The classes in detail
- Effect of contractual security on priority
- Ranking of claims where sister-ship arrest
- Ranking of claims where there is a possessory lien
- Ranking of claims where there is a statutory power of detention
- Reopening the question of priorities
- B Insolvency Issues
- 9 Procedure in Collision Cases
- Preliminary Material
- A Procedure
- B Assessors
- C Collision Cases in the Computer Age
- 10 Limitation of Liability for Maritime Claims
- Preliminary Material
- A Introduction
- B The Statutory Regimes
- The United Kingdom—the Merchant Shipping Act 1995
- The Australian limitation of liability regime
- The Canadian limitation of liability regime
- The Hong Kong limitation of liability regime
- The New Zealand limitation of liability regime
- The Singapore limitation of liability regime
- The South African limitation of liability regime
- C The Principles Applicable to Limitation of Liability
- D Jurisdiction to Bring a Limitation Claim
- E Limitation Procedure
- The distinction between limitation as a defence and as a decree
- Commencement of a claim
- Service of the claim form
- Acknowledgement of service
- Defence or notice admitting right to limit
- Restricted limitation decree
- General limitation decree
- Consequences of—and challenges to—the grant of a limitation decree
- Manner of constitution of the limitation fund
- Effect of constitution of the limitation fund
- Distribution of the fund
- Interest
- Costs
- Australian procedure
- Canadian procedure
- Hong Kong procedure
- New Zealand procedure
- Singapore procedure
- South African procedure
- F The Effect of a Limitation Decree in Other Countries
- G The Effect of the Owner’s Insolvency on the Constitution of a Limitation Fund
- 11 Arbitration Issues
- Further Material
- Appendix 1 Admiralty Court Act, 1840
- (3 & 4 Vict c 65)
- 3 Whenever a vessel shall be arrested, etc., court to have jurisdiction over claims of mortgagees
- 4 Court to decide questions of title, etc.
- 6 The court in certain cases may adjudicate, etc.
- 22 Jurisdiction to try questions concerning booty of war
- 23 Jurisdiction of courts of law and equity not taken away
- (3 & 4 Vict c 65)
- Appendix 2 Admiralty Court Act, 1861
- [24 Vict c 10]
- 1 Short title
- 2 Interpretation of terms
- 3 Commencement of Act
- 4 As to claims for building, equipping, or repairing of ships
- 5 As to claims for necessaries supplied to ships
- 6 As to claims for damage to cargo imported
- 7 As to claims for damage done by ships
- 8 As to questions touching ownership, etc., of ships
- 9 Extending 17 & 18 Vict c 104 as to claims for salvage of life
- 10 As to claims for wages and for disbursements by master of a ship
- 11 As to claims in respect of registered mortgages
- 12 Sections 62 to 65 of 17 & 18 Vict c 104 extended to Court of Admiralty
- 13 Part 9 of 17 & 18 Vict c 104, extended to Court of Admiralty
- 14 Court to be a court of record
- 15 Decrees of Court of Admiralty
- 16 Proceedings where a claim is made to goods taken in execution
- 17 Powers of Superior Courts extended to Court of Admiralty
- 18 Party in Court of Admiralty may apply for an order for inspection by Trinity Masters
- 33 Bail may be taken in the Court of Admiralty for the Court of Appeal, etc.
- 34 Hearing of cross causes
- 35 Jurisdiction of the court
- [24 Vict c 10]
- Appendix 3 Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5.) CHAPTER 49
- Appendix 4 Administration of Justice Act, 1956
- Appendix 5 Senior Courts Act, 1981 (UK) [latest version amended 2005]
- 20 Admiralty jurisdiction of High Court
- 21 Mode of exercise of Admiralty jurisdiction
- 22 Restrictions on entertainment of actions in personam in collision and other similar cases
- 23 High Court not to have jurisdiction in cases within Rhine Convention
- 24 Supplementary provisions as to Admiralty jurisdiction
- 25 Probate jurisdiction of High Court
- 26 Matrimonial jurisdiction of High Court
- 27 Prize jurisdiction of High Court
- Appendix 6 Web Addresses for Non-UK Admiralty Statutes
- Appendix 7 Admiralty Court Forms
- Appendix 8 The Arrest Conventions of 1952 and 1999
- Index
- Appendix 1 Admiralty Court Act, 1840
