ABSTRACT

This chapter describes the Admiralty jurisdiction of the High Court, the Admiralty procedure for the arrest of a ship under an action in rem and links these procedures with those of limitation of liability. The Insolvency Act 1986 has various provisions protecting an insolvent company from enforcement and permitting such actions only with permission by the court. The Admiralty jurisdiction of the High Court is described in sections 20–24 of the Senior Courts Act 1981. The Admiralty jurisdiction of the High Court applies in respect of all vessels, British or not, in relation to all claims wherever they occur and to all ship mortgages. The arrested ship cannot be moved without the Court's permission and may also be immobilised or prevented from sailing. The court has authority to sell the ship if any party to the litigation, including the shipowner, applies for the ship's sale.