Ship Arrestment - Admiralty Actions Flashcards
What are the two main pieces of legislation regarding ship arrestments?
Act of Sederunt ( Sheriff Court Ordinary Cause Rules) 1993
Administration of Justice Act 1956
Which is the definition of a ship?
Any description of vessel used in navigation not propelled by oars
How is an admiralty action against the owners or demised charters raised?
In rem, where the crave of the initial writ is directed to recovery in respect of a maritime lien against the ship or cargo or proceeds of it
In personam, where the crave of the initial writ is directed to a decree against the defender
Or both in rem and personam
How is an admiralty action raised?
By initial writ in Form G1
What does maritime lien mean
Relates to any work done to the boat
What does demised charter mean?
Someone renting a boat
What does in rem mean?
Action caused by the boat itself.
What happens in an admiralty action in rem?
The ship or cargo is arrested in rem and warrant may include warrant to dismantle
Can a sheriff officer execute an arrestment of a ship on any day
Yes
What must the sheriff officer do when arresting a ship
Affix the schedule of arrestment to
The main mast
Or single mast
Or where no mast a prominent part of the ship
And mark initials KIIC above where schedule is affixed.
Deliver copy of arrestment and certificate of execution to master of ship or person in charge
Or can serve on harbour master or deliver copy to them
Describe arrestment of cargo
S.o served arrestment on
Master of the ship or person in charge
If cannot be done, must state in execution arrestment served on harbour master instead, if no harbour master enrol a motion as to intimation and advertisement
When can a ship be arrested
In a harbour, safe haven, mooring or anchored.
Cannot be done whilst at sea
Form used for arrestment on the dependence of cargo on board ship
Form G4B
