i-law

Modern Maritime Law and Risk Management

CHAPTER 5

RULES AND DOCTRINES RESTRICTING THE JURISDICTION OF THE ADMIRALTY COURT TO ADJUDICATE ON THE MERITS OF A CASE

1 INTRODUCTION

Although the jurisdiction of the Admiralty Court is very wide (see Chapter 1), there are some limits and restrictions which the court will consider in exercising its discretion to determine its own jurisdiction. For example, as mentioned in Chapter 1, para 7, the jurisdiction of the Admiralty Court cannot be assumed in circumstances provided by the Crown Immunity Act 1947 and the State Immunity Act 1978. Convention rules or other doctrines also restrict the scope of exercising or maintaining jurisdiction on the merits of a case, as will be seen in this and in the following chapters. On the other hand, the court may, by an anti-suit injunction, restrain a litigant from continuing proceedings commenced in a foreign court if there are grounds for protecting rights, or asserting its own jurisdiction (see Chapter 7).

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.