3 Proprietary Maritime Claims
Sarah C. Derrington, James M. Turner
Sarah Derrington, James M Turner QC
3.01 The Senior Courts Act 1981 provides that a claim may be brought as an action in rem against the ship or property to which the claim relates in any of the following cases:1 3.02 The types of claims encompassed by this section, discussed in more detail below, are concerned with questions of property and possession, and may be regarded as proprietary, or quasi-proprietary, in character. As such, the dispute is about the ship or property itself as opposed to merely being a dispute arising out of the utilization of the ship. Consistently with art 3(1) of the...