Module overview
Practice and Procedure for the enforcement of maritime claims is a crucial component of Admiralty Law and Maritime Law more broadly. It is a key module for students wishing to specialise in maritime law, particularly those interested in pursuing a career in legal practice. Maritime claims arising from liabilities in the context of shipping operations are entertained before the Admiralty Court, a specialist court within the High Court of Justice (King’s Bench Division). A unique and significant feature of the Admiralty jurisdiction is that a claimant may bring a claim in rem. This is a pre-requisite to the arrest of a ship, a very powerful tool in the hands of a claimant as security for many maritime claims falling within the Admiralty jurisdiction. The last stage of the enforcement of a maritime claim is the judicial sale of the ship in a judgment in default, enabling the creditors to materialise their claims. Procedural considerations are intertwined with substantive issues.
This module also examines the substantive right of shipowners and salvors to limit their liability for maritime claims under the global limitation regime, and how it interacts with specialised limitation of liability regimes. This is another feature of Admiralty Law distinguishing it from common law rules on recovery. International treaties and domestic law are considered.