Act of Sederunt (Rules of the Court of Session 1994) 1994

Actions in personam

46.4.—(1) In an Admiralty action in personam directed against the owners of a ship or cargo, such owners shall, if known to the pursuer, be called as defenders by name.

(2) In such an action, where–

(a) the vessel is not a British ship, and

(b) the names of the owners are not known to the pursuer,

the master of the ship may be called as the defender representing the owners.

(3) In an action to which paragraph (2) applies, any warrant to arrest to found jurisdiction shall be executed against the master of the ship in his representative capacity.

(4) In an action to which paragraph (2) applies, any decree shall be pronounced against the master in his representative capacity.

(5) A decree in an Admiralty action in personam may be pronounced against an owner of, or a party interested in, the ship or cargo only where that owner or party interested, as the case may be, has been called or added as a defender.