Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2011

Admiralty actions: actions in rem

6.—(1) The Rules are amended in accordance with the following subparagraph.

(2) In rule 46.3 (actions in rem)(1), for paragraph (1) substitute—

“(1) In an Admiralty action in rem—

(a) where the owners or demise charterers of, or other parties interested in, the ship or the owners of the cargo against which the action is directed are known to the pursuer, they shall be called as defenders by name;

(b) where such owners or demise charterers or other parties are unknown to the pursuer—

(i) the pursuer may call them as defenders as “the owners or demise charterers of, or other parties interested in the ship (name and identify by its port of registry) [or the owners of the cargo]”; and

(ii) the master, if known, shall also be called as a defender representing the owners or demise charterers.”.

(1)

Rule 46.3 was amended by S.S.I. 2010/205.