chapter  4
38 Pages

PROCEDURE (OVERVIEW)

SERVICE AND ARREST

Pursuant to Civil Procedure Rules 1998 (CPR), 61.3(2), a claim in rem is started by the issue of an in rem claim form, as set out in the practice direction (PD 61).

An in rem claim form can be issued naming more than one ship, or separate in rem claim forms may be issued against different ships belonging to the same owner for the same claim, but only one ship can be arrested.1 The claimant must elect which ship to arrest.2 In practice, the claimant waits until one of the ships named comes within the jurisdiction, whereupon he amends the claim form and serves it on that ship.