Lloyd's Maritime Law Newsletter
Gatoil International Inc. v. Arkwright-Boston Manufacturers Mutual Insurance Co. & Ors. (The Sandrina) - House of Lords (Scotland) (Lord Fraser, Lord Scarman, Lord Wilberforce, Lord Keith and Lord Roskill - 13 December 1984
Insurers cannot arrest vessel to recover payment of war risk premiums
This important decision has clarified certain aspects of Admiralty jurisdiction
in rem
in the United Kingdom. By way of introduction, it should be noted that the Supreme Court Act 1981 does not apply to Scotland.
Admiralty jurisdiction in Scotland is still based on Part II of the Administration of Justice Act 1956. Section 47(2) of the
1956 Act allows a vessel to be arrested
inter alia
where the claim arises out of: