ABSTRACT

Prescribed claim form 4.1 An Admiralty claim in rem must be commenced by a claim form1 in the prescribed

form.2 The same fee is payable on issue as in the case of any other claim form. Such a claim form may only be issued where jurisdiction can properly be invoked in rem under the Senior Courts Act 1981. Where an in rem claim form has been wrongly issued the court may strike it out and have service of it set aside. However, where the issue depends upon disputed questions of fact, the claimants ought not to be forced to have the question of fact tried on an application to set aside the claim form and arrest, but it may be convenient after pleadings are closed to try the point as a preliminary issue.3