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ADMIRALTY JURISDICTION AND PRACTICE FOURTH Lloyd's Shipping Law Library

Title Copyright Preface to the Fourth Edition Foreword to the Fourth Edition Preface to the Third Edition Foreword to Second Edition Preface to Second Edition Foreword to First Edition Preface to First Edition Outline Table of Contents Contents Table of Cases Table of Legislation CHAPTER 1—INTRODUCTION Historical origins The present The Admiralty Court The use of District Registries Pre-action applications Subject matter jurisdiction Under section 20(1)(a) of the Senior Courts Act 1981 Under section 20(1)(b) of the Senior Courts Act 1981 Under section 20(1)(c) of the Senior Courts Act 1981 Under section 20(1)(d) of the Senior Courts Act 1981 County courts The Cinque Ports Court of Admiralty of the Cinque Ports Subject-matter jurisdiction Geographical boundaries Appeal The Cinque Port Commissioners Channel Islands and the Isle of Man The Royal Court of Guernsey The Royal Court of Jersey The Admiralty Court of the Isle of Man Colonial Courts of Admiralty Wreck inquiries Accident investigations Formal Investigations Purposes of a Formal Investigation Procedure Evidence Costs Rehearings Admiralty concepts The maritime lien When a lien arises and how it is lost or extinguished Discharge by satisfaction Discharge by laches Discharge by other means Maritime lien not discharged Transferability of maritime liens Statutory liens/statutory claims in rem Arrest Civil procedure reform nomenclature CHAPTER 2—SUBJECT-MATTER JURISDICTION Introduction Subject-matter jurisdiction: necessary but not sufficient "Ship" "Vessel" "Used in navigation" Navigable waters Capable of being used in navigation Not a "ship" Senior Courts Act 1981: section 20(1)(a)—subsection 20(2) (a) Any claim to the possession or ownership of a ship or to the ownership of any share therein No application to aircraft Possession Ownership Title to foreign ships Claims arising under sale and purchase agreements (b) Any question arising between the co-owners of a ship as to possession, employment or earnings of that ship Restraint Accounts Sale Possession of foreign ships (c) Any claim in respect of a mortgage of or charge on a ship or any share therein "Mortgage" "Charge" (d) Any claim for damage received by a ship (e) Any claim for damage done by a ship Oil pollution Maritime lien (f) Any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act. neglect or default of— (i) the owners, charterers or persons in possession or control of a ship; or (ii) the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of a ship, in the loading, carriage or discharge of goods on, in or from a ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship Master Defective ship, apparel or equipment Wrongful act, neglect or default etc. Loss of life Indemnity in respect of statutory compensation (g) Any claim for loss of or damage to goods carried in a ship No maritime lien (h) Any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship No maritime lien (j) Any claim— (i) under the Salvage Convention 1989; (ii) under any contract for or in relation to salvage services; or (iii) in the nature of salvage not falling within (i) or (ii) above; or any corresponding claim in connection with an aircraft Common law definition of salvage Recognised subjects of salvage Danger Voluntariness Success Salvage by aircraft Salvage by Crown Definition under the Salvage Convention 1989 Maritime lien (k) Any claim in the nature of towage in respect of a ship or an aircraft No maritime lien Aircraft (l) Any claim in the nature of pilotage in respect of a ship or an aircraft No maritime lien Aircraft Pilotage Act 1987 (m) Any claim in respect of goods or materials supplied to a ship for her operation or maintenance No maritime lien (n) Any claim in respect of the construction, repair or equipment of a ship or in respect of dock charges or dues No maritime lien (o) Any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages) Wages Maritime lien Subrogation to wages lien if payment made with leave of the court Claims against foreign ships Alien enemies Seaman Forfeiture of wages Set-off against wages Other defences (p) Any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship Maritime lien for master's disbursements No maritime lien for shipper's, charterer's and agent's disbursements (q) Any claim arising out of an act which is or is claimed to be a general average act Definition Requirements to be satisfied Extraordinary Intentional or voluntary Peril Common adventure Reasonable No maritime lien (r) Any claim arising out of bottomry Definition Maritime lien Obsolete in practice (s) Any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty Forfeiture Merchant Shipping Act 1995 Customs and Excise Acts Foreign Enlistment Act 1870 Generally Droits of Admiralty Shipwreck or wreccum maris Derelict No right to wreck outside territorial sea Piracy Senior Courts Act 1981: section 20(1)(b)—subsection 20(3) (a) Any application to the High Court under the Merchant Shipping Act 1995 Paragraph 6 of Schedule 1 to the Merchant Shipping Act 1995 (b) Any action to enforce a claim for damage, loss of life or personal injury arising out of (i)(ii)(iii) (c) Any action by shipowners or other persons under the Merchant Shipping Acts 1894 to 1979 for the limitation of the amount of their liability in connection with a ship or other property Senior Courts Act 1981: section 20(1)(c) Any other Admiralty jurisdiction which it had immediately before the commencement of this Act Acts done on the high seas Power to award interest Necessaries Definition of "necessaries" Work and labour Not "necessaries" No maritime lien for necessaries Senior Courts Act 1981: section 20(1)(d) Any jurisdiction connected with ships or aircraft which is vested in the High Court apart from this section and is for the time being by rules of court made or coming into force after the commencement of this Act assigned to the Queen's Bench Division and directed by the rules to be exercised by the Admiralty Court Jurisdiction over aircraft and hovercraft Aircraft Hovercraft CHAPTER 3—EXERCISE OF JURISDICTION Introduction Exercise of jurisdiction in rem The nature of the claim in rem: the two categories The problematic interface between in rem claims and European jurisdictional law True in rem claims Claims truly in rem are different in kind to claims in personam Quasi in rem claims A claim in rem becomes also a claim in personam if and when the issue or service of the claim form is acknowledged Judgment in a claim truly in rem is not a bar to a subsequent claim in personam Judgment in a claim in personam is not a bar to a subsequent claim truly in rem An Admiralty claim in rem may be brought to enforce a foreign judgment in rem The claims for which a claim in rem may be brought Claims which may be brought irrespective of ownership Maritime liens Other charges Claims which are limited by considerations of ownership Claims which may be brought against sister ships The meaning of "beneficial owner" Ascertaining the beneficial owner Court may look behind the registered owner Purported change in beneficial ownership The "one-ship company" situation Limits on the exercise of Admiralty jurisdiction Crown immunity Foreign sovereign immunity Claims in respect of ships and property other than cargo Claims in respect of cargo Insolvency Compulsory winding up of companies After commencement of winding up but before order Commencement of winding up The statutory provisions Section 126(1) Section 127 Section 128(1) Section 183(1) The effect on an Admiralty claim in rem Issue of an Admiralty claim form in rem Service of an Admiralty claim form in rem The arrest of property Appraisement and sale After winding-up order Automatic stay of proceedings Secured creditors Mortgagees Maritime lien holders Person with a statutory right of action in rem Voluntary winding up of companies Administration orders Insolvency of individuals European Jurisdiction and Judgments Introduction Commencement of proceedings Domicile Individuals Corporations Application to Admiralty claims in rem Circumstances in which a European domiciled defendant may be sued in England Jurisdiction by agreement Special jurisdiction Limitation claims Jurisdiction under international Conventions (a) The 1952 Arrest Convention (b) The 1952 Collision Convention (c) Other Conventions Staying proceedings Article 27 Article 28 "Court first seised" Relationship between Conventions applicable under Article 57 and the other provisions of the Brussels Convention CHAPTER 4—PROCEDURE IN AN ADMIRALTY CLAIM IN REM Issue of in rem claim form Prescribed claim form Claim form may be issued against more than one ship Service on second ship possible where mistake as to first ship served Parties may be described and need not be named Particulars of claim Effect of issue of claim form Claim Form may be issued by fax in urgent cases Renewal of validity Amendment of in rem claim form Service of in rem claim form Service by the Admiralty Marshal Manner of service on a ship Manner of service on cargo Manner of service on freight Manner of service on proceeds of sale Service on person named in notice against arrest Default proceedings Form of the judgment in default Property under arrest Property not under arrest Arrest Introduction Arrest to obtain security for a claim in rem Arrest in support of foreign proceedings Arrest in support of arbitral proceedings Effect of arrest Wrongful arrest Procedure to obtain arrest When may the application be made? Arrest after judgment Preliminary considerations Notice to consul Caution against arrest Procedure for obtaining an arrest warrant The ADM4 The ADM5 No requirement to give full and frank disclosure No discretion not to issue Discretion to issue notwithstanding failure to comply with the rules No cross-undertaking in damages or counter-security No further or special reason required Period of validity Execution of arrest warrant Practicalities relating to the arrest of the ship Property under arrest Ship under arrest, but cargo not under arrest Cargo under arrest in a ship not under arrest Third parties interested in property under arrest Presence of arrested ship affecting port operation Provision of security and release from arrest Effect of release The amount of security Dispute as to value of property arrested Appraisement Value of freight Form of security Bail Excessive security Security proves insufficient Release Caution against release Application to court for release Release in particular circumstances Limitation of liability Arbitration proceedings Proceedings in another jurisdiction Appraisement Appraisement alone for purposes other than sale Sale What property is comprised in the sale Claims of third parties to oil sold with the ship Expenses incurred in order to achieve the best price Repatriation of crew Repairs Classification society fees Stopping the sale Private offers for sale The effect of a sale by the Admiralty Marshal Sale in a foreign currency Appraisement and sale pendente lite The application for appraisement and sale pendente lite Determination of priorities The application to the court The hearing of the application Payment out of court Miscellaneous applications Inspection of a ship or other property ("Vasso Orders") Examination of witnesses before trial Agreements between solicitors CHAPTER 5—LIMITATION OF ACTIONS Introduction One-year time bar Cargo claims against carrying ship Application of the Hague and Hague-Visby Rules Time bar provisions Substantive nature of time bar The Gold Clause Agreement Contribution in collision cases Two-year time bar Cargo claims against carrying ship Application of the Hamburg Rules Contracting States Time bar provision Rotterdam Rules Time bar provision Claims under the Inter-Club Agreement Passenger claims against the carrying ship Application of the Athens Convention Contracting States The 2002 Protocol to the Athens Convention Claims against the non-carrying ship Extending time under the Act Principles to be applied to mandatory extension under s. 190(6) of the Act Principles to be applied to discretionary extension under s. 190(5) of the Act Section 190(5): a one or two stage test? Set-off and counterclaims Extension of time granted Extension of time refused Section 190 and claims made in a limitation action Salvage claims Three-year period Claims under the Civil Liability Convention 1992 When does the claim arise? Claims against the International Oil Pollution Compensation Fund When does the claim arise? Laches The doctrine of laches Laches in the Admiralty Court What amounts to laches? Foreign Limitation Periods Act 1984 Application of foreign limitation period Public policy exception "Public policy" "Undue hardship" CHAPTER 6—PRIORITIES Introduction Statutory power of detention and sale Examples of statutory powers Section 44 of the Harbours Docks and Piers Clauses Act 1847 Section 74 of the Harbours Docks and Piers Clauses Act 1847 Effect of sale under statutory powers Statutory right superior to power of Admiralty Marshal Priority lost if statutory rights not exercised Effect of court sale upon statutory rights Common law possessory liens Shiprepairer's possessory lien Possessory lien requires possession Possessory lien holder must surrender ship to the Admiralty Marshal Possessory lien subject only to existing maritime liens Solicitor's lien Distribution of the fund in court Admiralty Marshal's expenses Costs of the producer of the fund The priority of competing claims Priorities and private international law The prima facie order of priorities The claims of holders of maritime liens rank first The claims of mortgagees rank next Statutory rights of action in rem rank last The ranking of mortgagees inter se Mortgages of British registered ships Mortgages of unregistered British ships Mortgages of foreign ships The ranking of statutory liens inter se The ranking of maritime liens inter se Maritime liens in the same category Maritime liens of different categories Departure from the prima facie order of priorities Personal liability of one claimant to another Delay in asserting priority or unconscionable conduct Claims for costs Power to reopen order for priority CHAPTER 7—COLLISION CLAIMS Collision claims must be commenced in the Admiralty Court Restrictions on collision claims in personam Collision claims in rem may be stayed pending security Civil Jurisdiction and Judgments Act 1982 and collision claims Article 28 of the Brussels I Regulation and collision claims Where the Brussels I Regulation permits recourse to domestic jurisdiction rules collision claims may be stayed in England on forum non conveniens grounds Two-stage test for a stay "A natural forum" stay granted "A natural forum" stay refused No "natural forum" stay refused Limitation of liability and the forum for collision claims Procedure in collision claims Filing collision statements of case Claims not requiring collision statements of case Notice of filing of collision statements of case The collision statement of case is in lieu of an ordinary statement of case Counterclaims and cross-claims Counterclaims Cross-claim in rem The contents of the collision statement of case Part One Part Two Difficulties in completing the collision statement of case The function and effect of a collision statement of case Costs of collision statements of case No interrogatories as to contents of collision statement of case Failure to file a collision statement of case Further proceedings in collision claims Nautical assessors Function of nautical assessors The status of the advice received from nautical assessors Procedure for appointment The exclusionary effect of the appointment of nautical assessors The role of nautical assessors at trial in the English Admiralty Court The new procedure Does the new procedure comply with Article 6 of the European Convention on Human Rights? Inspection by assessors The admissibility of MAIB reports The effect of the 2005 Regulation Foreign Court Surveys Witness evidence Skeleton arguments Apportionment of Liability Loss of damage to ships and cargo Only causative fault is relevant Ships at fault not need have been in collision Apportionment where more than two ships are at fault Court must apportion blame unless it is impossible "Fault of vessels" Apportionment only applies as between vessels at fault Apportionment only applies to vessels and cargo Apportionment of claims by cargo owners Apportionment where liability is limited Claims for loss of life or personal injury Ships at fault are jointly and severally liable Contribution between ships and fault Costs in collision claims Neither ship to blame One ship to blame Both ships to blame—counterclaim Both ships to claim—counterclaim Effect of written offer of settlement Other factors which may affect costs Appeals in collision claims Appeals as to apportionment Nautical assessors on appeal Costs on appeal CHAPTER 8—LIMITATION CLAIMS Introduction The development of limitation in English law The search for international uniformity: the international Conventions of 1924, 1957 and 1976 Limitation of liability under English law today Nuclear damage claims Hazardous and noxious substances The 1976 Convention and Schedule 7 of Merchant Shipping Act 1995 The juridical nature of the right to limit Limitation of liability—the substantive law Exclusion of liability Persons entitled to exclude their liability Claims in respect of which liability is excluded 'Fire on board the ship" "Gold, silver, watches, jewels or precious stones" "Theft, robbery or other dishonest conduct" "Nature and value were not at the time of shipment declared" Loss of right to exclude liability Limitation of liability Harbour authorities and dock owners Persons entitled to limit their liability Right to limit does not depend on status Claims in respect of which liability is limited Basis of the limitation fund Loss of right to limit liability Pilots and pilotage authorities Loss of right to limit liability Shipowners and salvors No admission of liability by invoking right to limit Persons entitled to limit their liability "Owner etc. of a ship" '"Shipowner' shall mean the owner, charterer, manager or operator of a ship" Slot charterers NVOCCs "Salvor" Persons for whom shipowners and salvors are responsible "Insurer of liability" Claims in respect of which liability is limited "Whatever the basis of liability" "Loss resulting from infringement of rights" No limitation against claims for salvage and general average Limitation of liability and counterclaims Loss of right to limit liability Contracting out of limitation Conduct barring limitation "Personal act or omission" "Intent to cause such loss" "Recklessly and with knowledge that such loss would probably result" The amount of the limitation fund Tonnage Limits for loss of life and personal injury Limits for other claims Limits for passenger claims Effect of Athens Convention "Distinct occasion" Oil pollution Limitation of liability—procedure Limitation of liability as a defence Limitation of liability by obtaining a decree The limitation claim Jurisdiction Category (1): defences and counterclaims Category (2): independent limitation claims Category (3) Is Article 11 of the 1976 Convention a jurisdictional provision? Article 11 of the 1976 Convention Non-EU defendants and declarations of limited liability Proceedings to establish a limitation fund Issue of the claim form Service of the claim form Constitution of a limitation fund General considerations Legal Financial The mechanics of constituting the fund The procedure to obtain a decree Group litigation orders The procedure after obtaining a decree The procedure to set aside a decree The procedure for filing of claims Claims settled by the claimant Disputes between claimants against the fund Cargo claims in collision cases Distribution of the limitation fund Costs in limitation claims Costs of defendants' claims against the fund in a limitation claim CHAPTER 9—REFERENCES TO THE ADMIRALTY REGISTRAR General considerations References are discretionary Assistance of merchant assessors Rules of evidence apply to references Questions of law not referred No reference unless it is clear something is due Reference prior to judgment The types of claims which may be referred Procedure Order for reference Filing of claim Filing of defence Case management conference Hearing of the reference Costs Follow the event in the reference Costs of reference in a limitation action Appeals To Admiralty judge Limited further appeal CHAPTER 10—SHIP MORTGAGES Introduction Ownership British ships Registration Entitlement to registration Bareboat registration Certificate of registry Transfer of ownership The Sale of Goods Act 1979 Unregistered ships Registered ships New buildings The Merchant Shipping Act 1995 Transfer by bill of sale Failure or irregularity of registration Mortgages Mortgage distinguished from absolute transfer Mortgage distinguished from pledge or pawn Mortgage distinguished from lien Mortgage distinguished from charge Mortgage of chattels Mortgages of choses in action Mortgage of a ship Legal and equitable mortgages (i) An agreement to make a legal mortgage (ii) The mortgage of an equitable interest Registered mortgages under the Merchant Shipping Act 1995 Registered ships Mistakes as to name or description Failure to register Effective date of the mortgage Mortgage from an unregistered owner of a registered ship Unregistered ships Corporations Scope of the mortgage "Appurtenances" Other articles on board Bunkers Cargo Freight Transfer Transfer by agreement Transfer by operation of law Discharge Termination of registration The rights and liabilities of the mortgagor and the mortgagee Introduction The mortgagor The right to redeem Repayment Interest Redemption Joint mortgagors Joint mortgagees Possession of the mortgaged property Mortgagor in possession Introduction Expenses Freight Insurance Employment The mortgagee The right of the mortgagee to take possession Impairment of security Maritime liens Unusual or onerous charters Prior charterparties Mode of taking possession The appointment of a receiver Foreclosure Sale Effect of a sale Proceeds of sale Court sale Intervention by Charterers or other interested parties Mortgagee of shares Second mortgagee Costs APPENDICES APPENDIX 1—FORMS AND PRECEDENTS Admiralty forms Commencement of proceedings and appeals Claim form (Admiralty claim in rem) [Admiralty form No. ADM 1] Claim form (Admiralty claim in rem)[Admiralty form No. ADM 1A] Notes for claimant on completing an in rem claim form [Admiralty form No. ADM 1B] Notes for defendant on replying to an Admiralty claim form [Admiralty form No. ADM 1C] Acknowledgment of service of claim in rem [Admiralty form No. ADM 2] Collision statement of case [Admiralty form No. ADM 3] Application and undertaking for arrest and custody [Admiralty form No. ADM 4] Declaration in support of application for warrant of arrest [Admiralty form No. ADM 5] Notice to consular officer of intention to apply for warrant of arrest [Admiralty form No. ADM 6] Request for caution against arrest [Admiralty form No. ADM 7] Warrant of arrest [Admiralty form No. ADM 9] Standard directions to the Admiralty Marshal [Admiralty form No. ADM 10] Request for caution against release [Admiralty form No. ADM 11] Request and undertaking for release [Admiralty form No. ADM 12] Request for withdrawal of caution against release [Admiralty form No. ADM 12A] Application for judgment in default of filing an acknowledgment of service and/or defence or collision statement of case [Admiralty form No. ADM 13] Order for sale of a ship [Admiralty form No. ADM 14] Claim form (Admiralty limitation claim) [Admiralty form No. ADM 15] Notes for defendant (Admiralty limitation claim) [Admiralty form No. ADM 15B] Notice of admission of right of claimant to limit liability [Admiralty form No. ADM 16] Defence to Admiralty limitation claim [Admiralty form No. ADM 16A] Acknowledgment of service (Admiralty limitation claim) [Admiralty form No. ADM 16B] Application for restricted limitation decree [Admiralty form No. ADM 17] Restricted limitation decree [Admiralty form No. ADM 18] Application for general limitation decree [Admiralty form No. ADM 17A] General limitation decree [Admiralty form No. ADM 19] Defendant's claim in a limitation claim [Admiralty form No. ADM 20] Declaration as to inability of a defendant to file and serve a statement of case under a decree of limitation [Admiralty form No. ADM 21] Admiralty Statements of Case (a): "Any claim to the possession or ownership of a ship or to the ownership of any share therein" Ownership Indorsement on claim form Particulars of claim Defence Possession Indorsement on claim form Particulars of claim Notice to consular officer of intention to apply for warrant of arrest Affidavit to lead for warrant of arrest (b): "Any question arising between the co-owners of a ship as to possession, employment or earnings of that ship" Restraint Indorsement on claim form Particulars of claim Co-ownership Indorsement on claim form Particulars of claim (c): "Any claim in respect of a mortgage of or a charge on a ship or any share therein" Indorsement on claim form (account current) Particulars of claim (account current) Indorsement on claim form (transfer of mortgage) Particulars of claim (transfer of mortgage) Defence (purchaser from first mortgagee) Indorsement on claim form (possession) Particulars of claim (possession) Notice to consular officer of intention to apply for warrant of arrest Affidavit to lead for warrant of arrest (d): "Any claim for damage received by a ship" Indorsement on claim form (defective berth) Particulars of claim (defective berth) Defence (defective berth) Indorsement on claim form (another ship otherwise than on collision) Particulars of claim (another ship otherwise than on collision) (e): "Any claim for damage done by a ship (including oil pollution)" Indorsement on claim form Particulars of claim Oil pollution Indorsement on claim form (f): "Any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act. neglect or default of: (i) the owners, charterers or persons in possession or control of a ship; or (ii) the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act. neglect or default in the navigation or management of a ship, in the loading, carriage or discharge of goods on, in or from the ship. or in the embarkation, carriage or disembarkation of persons on, in or from the ship" Personal injury Indorsement on claim form Particulars of claim Defence Fatal accident Indorsement on claim form Particulars of claim (g): "Any claim for loss of or damage to goods carried in a ship" Indorsement on claim form Particulars of claim Defence (h): "Any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship" (1) Voyage charterparty Freight Deadfreight Demurrage Cargo damage (2) Time charterparty Hire Indemnity Unsafe port (j):"Any claim (i) under the Salvage Convention 1989; (ii) under any contract for or in relation to salvage services; or (iii) in the nature of salvage not falling within (i) or (ii) above; or any corresponding claim in connection with an aircraft" Indorsement on claim form Particulars of claim Defence (admitting salvage) Disputes arising out of Lloyd's Open Form Indorsement on claim form Indorsement on claim form Salvor in possession Indorsement on claim form Apportionment of salvage Indorsement on claim form (Part 8 C.P.R.) (k): "Any claim in the nature of towage in respect of a ship or an aircraft" Indorsement on claim form Particulars of claim Particulars of claim (l): "Any claim in the nature of pilotage in respect of a ship or an aircraft" Indorsement on claim form Particulars of claim (m): "Any claim in respect of goods or materials supplied to a ship for her operation or maintenance" Indorsement on claim form Particulars of claim Defence and counterclaim (n): "Any claim in respect of the construction, repair or equipment of a ship or dock charges or dues" Repairs Indorsement on claim form Particulars of claim Defence and counterclaim Reply and defence to counterclaim Rejoinder Dock dues Indorsement on claim form Particulars of claim (o): "Any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages)" Indorsement on claim form Particulars of claim Notice to consular officer of intention to apply for warrant of arrest Affidavit to lead warrant of arrest (p): "Any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship" Agents' disbursements Indorsement on claim form Particulars of claim Defence Master's wages and disbursements Indorsement on claim form Particulars of claim (q): "Any claim arising out of an act which is or is claimed to be a general average act" Indorsement on claim form Particulars of claim Defence and counterclaim (r): "Any claim arising out of bottomry" Indorsement on claim form Particulars of claim Defence of cargo owners Affidavit to lead warrant of arrest (s): "Any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty" Indorsement on claim form Particulars of claim Defence Merchant Shipping Act Courts and Inquiries Courts of formal investigation Heading Order for formal investigation (Rule 4(1)) Notice of investigation (Rule 5(1) and (2)) Notice that conduct may be in issue (Rule 5(4)) Notice to admit documents (Rule 7(2)) Notice of evidence (Rule 7(1)) Order on party to pay costs of investigation Report of the court (Rule 13) Collision Actions "Any action to enforce a claim for damage, loss of life or personal injury arising out of: (i) a collision between ships; or (ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or (iii) non-compliance. on the part of one or more of two or more ships, with the collision regulations" Collision statement of case (C.P.R. Part 61.4) [Admiralty form No. ADM 3] (1) Claimantís collision statement of case (2) Defendantís collision statement of case (3) Defendantis collision statement of case: third ship to blame (4) Defendantís collision statement of case: inevitable accident Limitation Claims Claim form (Admiralty limitation claim) (C.P.R. Part 61.11) [Admiralty form No. ADM 15] Notes for defendant (Admiralty limitation claim) [Admiralty form No. ADM 15B] Acknowledgment of service (Admiralty limitation claim) [Admiralty form No. ADM 16B] Heading in a limitation claim (C.P.R. Part 61.1) Indorsement on claim form in a limitation claim Declaration in support of limitation claim (C.P.R. Part 61 P.D. 10.1(2)) Notice of admission of right of claimant to limit liability (C.P.R. Part 61 P.D. 10.3) [Admiralty form No. ADM 16] Application for restricted limitation decree (C.P.R. Part 61.11(9)) [Admiralty form No. ADM 17] Restricted limitation decree (C.P.R. Part 61.11(9)) [Admiralty form No. ADM 18] Application for general limitation decree [Admiralty form No. ADM 17A] General limitation decree (C.P.R. Part 61.11(11)) [Admiralty form No. ADM 19] Defence to Admiralty limitation claim [Admiralty form No. ADM 16A] Defence in limitation claim Reply in limitation claim Pleading limitation by way of defence Defendant's claim in a limitation claim (C.P.R. 61.11(15)) [Admiralty form No. ADM 20] Declaration as to inability of a defendant to file and serve a statement of case under a decree of limitation (C.P.R. Part 61 PD. 10(16)) [Admiralty form No. ADM 21] References References to the Registrar Admission of liability and consent to a reference Particulars of claim in reference (C.P.R. Part 61 P.D. 13.2)

APPENDIX 2—SOURCE MATERIALS Introduction High Court Senior Courts Act 1981 (ss. 5, 6) Cinque Ports Cinque Ports Act 1821 (ss. 1-22) Judicial Committee Act 1833 (s. 3) Cinque Ports Act 1855 (ss. 1-10) Merchant Shipping Act 1995 (Sched 14. para. 11) Colonial Courts Colonial Courts of Admiralty Act 1890 Senior Courts Act 1981 (s. 150) Admiralty Jurisdiction (Gibraltar) Order 1987 Gibraltar Supreme Court (Admiralty Practice) Rules Order 1978 Gibraltar Supreme Court (Admiralty Practice) (Amendment) Rules Order 1989 Admiralty Jurisdiction (British Indian Ocean Territory) Order 1984 Admiralty Jurisdiction (Guernsey) Order 1993 Admiralty Jurisdiction (Virgin Islands) Order in Council 1961 Admiralty Jurisdiction (Cayman Islands) Order 1964 Admiralty Jurisdiction (Turks and Caicos Islands) Order 1965 Admiralty Jurisdiction (Falkland Islands) Order 1966 Admiralty Jurisdiction (Montserrat) Order 1968 Admiralty Jurisdiction (St Helena and Its Dependencies) Order 1969 Admiralty Jurisdiction (Bermuda) Order 1974 Wreck Inquiries Merchant Shipping Act 1995 (ss. 61-69, 267-273) Jurisdiction Senior Courts Act 1981 (ss. 19—27) Hovercraft Act 1968 Admiralty Court Act 1840 (repealed) Admiralty Court Act 1861 (repealed) Supreme Court of Judicature (Consolidation) Act 1925 (s. 22) (repealed) Administration of Justice Act 1956 (s. 1, repealed) International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships, 1952 (Arrest Convention 1952) International Convention on Arrest of Ships, 1999 (Arrest Convention 1999) Crown Proceedings Act 1947 (ss. 29, 38, 40) Consular Relations Act 1968 (s. 4) State Immunity Act 1978 (s. 10) International Convention for the Unification of Certain Rules Concerning the Immunity of State-Owned Ships, Signed at Brussels, April 10, 1926 Practice Civil Procedure Rules, Part 61 Civil Procedure Rules, Part 61 Practice Direction Admiralty Claims Limitation of Actions Merchant Shipping Act 1995 (ss. 190 and 192) Collision Actions Merchant Shipping Act 1995 (ss. 187-189 and 192) International Convention for the Unification of Certain Rules of Law with Respect to Collision Between Vessels. 1910 International Convention for the Unification of Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 Civil Procedure Rules, Part 61.4 Civil Procedure Rules, Part 61, Practice Direction Admiralty Claims, 61.4 Collision statement of case [Admiralty form No. ADM 3] Limitation Actions Merchant Shipping Act 1995 (ss. 185-187, 191-192 and Sched. 7) Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998 Pilotage Act 1987 (s. 22) Civil Procedure Rules, Part 61.11 Civil Procedure Rules, Part 61, Practice Direction Admiralty Claims, 61.11 References Civil Procedure Rules, Part 61, Practice Direction Admiralty Claims, 61.13 Mortgages Merchant Shipping Act 1995 (ss. 1-10, 13-18, 23 and Sched. 1) International Convention on Maritime Liens and Mortgages 1993

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