ABSTRACT

The nature of the claim in rem: the two categories 3.2 It should be noted at the outset of any consideration of the nature of the claim in

rem that although there is in form only one claim in rem, in substance there are really two categories of in rem claims. Much confusion arises if one fails to distinguish these two categories. There is a category of in rem claim which could be described as truly in rem because it is brought against a ship irrespective of her present ownership and irrespective of any link with liability in personam on the part of the owner of the ship at the time the claim is brought. This category comprises claims to enforce maritime liens and mortgages, claims for forfeiture, droits of Admiralty, and claims relating to possession or ownership. These are claims where in substance there is a claim to the ship in whole or in part. That is to say claims which are true in rem claims are, as the name suggests, directed against the ship as res and not against any person who has an interest in the ship such as an owner. The other category comprises all other maritime claims which may be brought by issue and service of an in rem claim form, but which in fact depend upon establishing a link with

liability in personam. These claims have been referred to as ‘‘statutory lien’’ claims or more accurately as statutory rights of action in rem, but could more conveniently be called quasi in rem claims to distinguish them from true in rem claims.