Admiralty Jurisdiction and Practice
Page 651
Index
Index
- Accounts –
- Acknowledgment of service
- Acknowledgment of service (admiralty limitation claim)
- Administration orders –
- Admiralty and Commercial Registry
- Admiralty Court of the Isle of Man
- Admiralty limitation claim
- Admiralty Marshal
- Admiralty Registrar
- Admiralty Registrar, references to –
- Admiralty statements of case
- Aircraft
- Appeals
- Application and undertaking for arrest and custody
- Applications for general limitations decree ,
- Application for judgement in default
- Application for restricted limitation decree ,
- Appraisement
- Appraisement and sale pendent lite –
- Arrest , –
- ADM 4
- ADM 5 .
- after judgement
- amount of security
- cargo under arrest in ship not under arrest ,
- caution against –
- discretion to issue notwithstanding failure to comply with rules
- disputes as to value of property arrested –
- effect
- excessive security
- execution of warrant –
- form of security
- no cross–undertaking in damages or counter–security
- no discretion not to issue warrant
- no further or special reason required
- no requirement to give full and frank disclosure –
- notice to consul
- obtaining security for claim in AM
- period of validity of warrant
- practicalities –
- presence of arrested ship affecting port operation
-
procedure for obtaining warrant –Page 652
- procedure to obtain
- property under –
- provision of security and release –
- release, effect of –
- security proves insufficient
- ship under arrest but cargo not under arrest –
- support of arbitral proceedings
- support of foreign proceedings
- third parties interested in property under –
- time for applications –
- wrongful –
- Arrest Convention 1952 –
- Athens Convention 1974
- Capable of being used in navigation backhoe dredger
- certificate of service
- Charge
- Cinque Port Commissioners
- Cinque ports
- Civil procedure reform nomenclature
- Claim arising from agreement relating to carriage of goods in ship or hire of ship ,
- Claim for damage done by ship –
- Claim for damage received by ship
- Claim for loss of or damage to goods carried in ship ,
- Claim form (Admiralty limitation claim)
- Claim forms –, , A.1.1.2
- amendment
- effect of issue
- issue –
- issued against more than one ship
- may not be issued by fax
- notes for completing
- notes for replying to
- parties may be described and need not be named –
- prescribed –
- renewal of validity
- service – see also Service of claim form
- service on second ship possible where mistake as to first ship served
- Claim in personam
- Claim in rem
- advantages
- beneficial owner – see also Beneficial owner
- claims against sister ships ,
- claims in personam, and –
- claims irrespective of ownership
- claims limited by considerations of ownership ,
- claims which may be brought –
- enforcement by sale of ship
- enforcement of foreign judgement in rem ,
- European jurisdictional law, and
- foreign sovereign state, and
- issue or service of claim form acknowledged –
- judgment not bar to subsequent claim in personam –
- nature of –, –
- other charge –
- personal liability on part of shipowner
- quasi –, –
-
enforcement of statutory rightPage 653
-
- two categories –
- Claims required to be brought in Admiralty Court
- Collision actions
- Collision claims –
- admissibility of MAIB reports –
- appeals –
- apportionment of liability –
- applies between vessels at fault
- applies to vessels and cargo
- claims by cargo owners
- claims for loss of life or personal injury –
- court must apportion unless impossible –
- fault of vessels –
- liability limited, where
- loss of or damage to ships and cargo ,
- more than two ships at fault
- only causative fault is relevant
- ships at fault need not have been in collision
- Article 30 of Brussels I Regulation ,
- Brussels I Regulation –
- case management conference ,
- case management in cases involving electronic track data
- contributions between ships at fault –
- costs budgeting
- costs in –
- counterclaims –
- cross–claims , –
- definition
- disclosure after issue of proceedings
- duty to prevent electronic track data
- fast track measures
- initial case management
- foreign court surveys and enquiries
- in personam ,
- in rem
- must be commenced in Admiralty Court
- nautical assessors – see also Nautical assessors
- no pre–action protocol
- pre–action duty of disclosure and mutual exchange of electronic track data
- pre–action rules of preservation and disclosure of electronic track data
- procedure –
- skeleton arguments
- statements of case –
- stay on forum non conveniens grounds –
- VDR evidence
- witness evidence
- Collision Convention 1952 ,
- Collision statement of case ,
- Colonial courts
- Colonial Courts of Admiralty
- Common law possessory liens –
- Compulsory winding up of companies –
- appraisement and sale ,
- arrest of property –
- automatic stay of proceedings
- commencement
- effect of claim in rem
- issue of claim form in rem –
-
secured creditors – see also Secured creditorsPage 654
- service of claim form in rem
- statutory provisions –
- Construction, repair or equipment of ship ,
- Costs
- Counterclaims
- County courts –
- Court first seised –
- Court of Admiralty of the Cinque Ports –
- CPR Part 61 ,
- Cross border insolvency –
- Crown immunity –
- Declaration as to inability of defendant to file and serve statement of case under decree of limitation ,
- Declaration in support of application of warrant of arrest
- Default proceedings –
- Defective ship, apparel or equipment ,
- Defence to admiralty limitation claim ,
- Defendant’s claim in limitation claim ,
- Derelict
- Disbursements –
- Distribution of fund in court –
- Admiralty Marshal’s expenses
- claims for costs
- costs of producer of fund ,
- delay in asserting priority
- power to reopen order for priority
- prima facie order of priorities –
- claims of holders of maritime liens rank first
- claims of mortgagees –
- mortgages of foreign ships ,
- mortgages of unregistered British ships
- personal liability of one claimant to another
- ranking of maritime liens inter se –
- ranking of mortgagees inter se –
- ranking of statutory liens inter se
- statutory rights of action in rem –
- priorities and private international law
- priority of competing claims
- unconscionable conduct
- Dock charges or dues ,
- Domicile –
- Droits of Admiralty
- Electronic filing
- European domiciled defendant sued in personam in England –
- Exclusion of liability –
- Exercise of jurisdiction –
- Foreign sovereign immunity ,
- claims in respect of cargo
-
claims in respect of ships and property other than cargoPage 655
- Forfeiture
- Formal investigations see also Wreck inquiries
- General average –
- General limitations decree
- General limitation decree
- Gold clause agreement –
- Goods or materials supplied to ship –
- Group litigation orders
- Indemnity in respect of statutory compensation
- Insolvency –
- Inspection of ship or other property ,
- International Convention of Civil Liability for Oil
- Interest, power to award
- Jet ski
- Judges of Admiralty Court
- Judicial Committee Act 1833
- Jurisdiction
- Jurisdictions under international conventions –
- Laches –
- Limitation actions
- Limitation claims –, A.1.5
- Limitation fund –
- Limitation of actions –
- foreign limitation period –
- laches – see also Laches
- one year time bar –
- salvage claims
- source materials
- three–year period –
- two–year time bar –
- 2002 Protocol to Athens Convention ,
- Athens Convention 1974 ,
-
cargo claims against carrying shipPage 656
- claims made in limitation action
- claims under inter–club agreement ,
- contracting states
- extending time under Merchant Shipping Act 1995 –
- Hamburg Rules
- Merchant Shipping Act 1995 –
- passenger claims against carrying ship
- Rotterdam Rules ,
- time bar provision ,
- Limitation of liability –
- 1924 Convention
- 1957 Convention
- 1976 Convention –
- 1996 Protocol
- Amended 1976 Convention
- Article 11of 1976 Convention a jurisdictional provision, whether
- cargo claims in collision cases
- charterers –
- claim –
- claims in respect of which liability limited , –
- claims settled by claimant
- conduct barring –
- contracting out
- costs in claims –
- counterclaims, and –
- defence, as –
- development in English Law –
- dock owners
- English law today
- group litigation orders
- harbour authorities
- hazardous and noxious substances
- history –
- IMO Resolution LEG.5 (aa) ,
- insurer of liability
- international Conventions –
- issue of claim form ,
- juridical nature –
- limitation fund
- loss of right , –
- no admission of liability
- no limitations against claims for salvage and general average
- non–EU defendants –
- nuclear damage claims
- NVOCCs
- obtaining decree
- oil pollution –
- origin ,
- owner of ship –
- persons entitled to limit , , 8.50
- persons for whom shipowners and salvors responsible
- pilotage authorities
- pilots
- procedure after obtaining decree
- procedure for filing of claims
- procedure to obtain decree
- procedure to set aside decree
- proceedings constituting limitation fund
- public policy, and
- salvor
- Schedule 7 to Merchant Shipping Act 1995
- service of claim form
- slot charterers ,
- status, and
- whatever the basis of liability –
- Limitation of liability claims
- Loss of life
- MAIB reports –
- Marine accident investigations
- Maritime lien –,
- Master
- Merchant Shipping Act courts and inquiries
- Mortgage see also Ship mortgages
- chattels, of
- choses in action, of
- definition
- distinguished from absolute transfer
- distinguished from charge
- distinguished from lien
-
distinguished from pledge or pawnPage 657
- equitable interest, of ,
- essential feature
- legal, agreement to make ,
- purpose
- source materials A.2.8
- Nautical assessors –
- Navigable waters
- Navigation
- Necessaries –
- Notice of admission of right of claimant to limit liability ,
- Notice of Consular Officer of intention to apply for warrant of arrest
- Particulars of claim ,
- Payment out of court –
- Pilotage –
- Piracy
- Possession of foreign ships ,
- Possession of ship –
- Practice
- Pre–action applications
- Priorities –
- Priorities, determination of ;
- References
- source material A.2.7
- Release –
- Request and undertaking for release
- Request and caution against arrest
- Request and caution against release
- Request for withdrawal of caution against release
- Restraint ,
- Restricted limitation decree ,
- Royal Court of Guernsey
- Royal Court of Jersey
- Sale , , –
- Sale and purchase agreements –
- Salvage –
- Seaman
- Secured creditors –
- maritime lien holders
- mortgagees
-
person with statutory right of action in rem –Page 658
- Senior Courts Act 1981: section 20(1)(b)–subsection 20(3) –
- Senior Courts Act 1981: section 20(1) (c) –
- Senior Courts Act 1981: section 20(1)(d)
- Senior Courts Act 1981
- Service of claim form –
- Ship
- Ship mortgages – see also Mortgages
- appurtenances –
- articles on board
- British ships
- bunkers
- cargo
- costs
- discharge –
- effective date
- foreclosure –
- intervention by charterers or other interested parties
- freight
- interest –
- joint mortgagees
- joint mortgagors
- Merchant Shipping Act 1995
- mode of taking possession –
- mortgagee –
- mortgagee in possession –
- mortgagee of shares –
- mortgagor –
- mortgagor in possession –
- nature of
- ownership, and
- possession of mortgaged property –
- prior charterparties –
- receiver, appointment of –
- redemption –
- registration –
- repayment
- right to redeem
- rights and liabilities of mortgagor and mortgagee –
- sale –
- Sale of Goods Act 1979 –
- scope –
- second mortgagee –
- taking possession ,
- termination of registration
- transfer –
- unregistered owner of registered ship
- unregistered ships
- Shipwreck
- Solicitor’s lien
-
Solicitors, agreements betweenPage 659
- Standard directions to Admiralty Marshal
- Standard of proof –
- Statutory power of detention and sale –
- Staying proceedings
- Subject matter jurisdiction –, –
- Wages –
- Warrant of arrest
- Witnesses
- Wreccum maris
- Wreck
- Wreck inquiries –
- Wrongful act, neglect or default
- Wrongful arrest –
Page 660