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CHAPTER 4 Procedure in an admiralty claim in rem

Admiralty Jurisdiction and Practice

Page 141


Procedure in an admiralty claim in rem

Issue of in rem claim form

Prescribed claim form

4.1 An Admiralty claim in rem must be commenced by a claim form1 in the prescribed form.2 The same fee is payable on issue as in the case of any other claim form and just like any other claim form for a court in the Rolls Building, it must be issued electronically.3 Such a claim form may only be issued where jurisdiction can properly be invoked in rem under the Senior Courts Act (SCA) 1981 as discussed in the previous chapter of this book. Where an in rem claim form has been wrongly issued the court may strike it out and have service of it set aside. If the claim ought not to have been issued in the Admiralty Court at all, it will be transferred to another court.4 If the claim is appropriate for the Admiralty Court but the wrong claim form has been issued (e.g. an in personam claim form has been issued instead of an in rem claim form), the court may make an order under CPR rule 3.19 to correct the error.5 Where the issue depends upon disputed questions of fact, the claimants ought not to be forced to have the question of fact tried on an application to set aside the claim form and arrest, but it may be convenient after pleadings are closed to try the point as a preliminary issue.6

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