ABSTRACT

This chapter describes the Admiralty jurisdiction of the High Court, the Admiralty procedure for the arrest Art 1(2) of the Arrest Convention 1952 describes 'Arrest' as 'the detention of a ship by judicial process to secure a maritime claim'. Two procedures of enforcement are available under the Admiralty jurisdiction of the High Court. The first, the action in personam, is the ordinary action against a named defendant. The second, the action in rem, is a special action only available under the Admiralty jurisdiction of the High Court and it is an action against the ship or ships of named or unnamed defendants. The decision in The Indian Grace (No. 2) did not decide cases where a maritime lien is the basis of the action in rem thus the issue remains open in relation to maritime liens. Priority of claims between maritime liens is subject to the court's discretion.