ABSTRACT

An Admiralty claim in rem must be commenced by a claim form in the prescribed form. There is practice of a long standing in the Admiralty Court which enables the owners of a ship or cargo in an Admiralty action in rem to sue by that description, rather than in their name or names. Although the normal provisions of Civil Procedure Rules Part 12 apply to an Admiralty claim in personam, so that the claimant may simply enter judgment against a defendant in default of acknowledgment of service or defence, this procedure is not available in an Admiralty claim in rem. The usual form of the judgment given on an application for judgment in default where the property against which the claim is brought is under arrest is that it be appraised and sold and the proceeds of sale be brought into court pending the determination of priorities.