The Civil Procedure (Amendment No. 5) Rules 2001

Scope and interpretation

61.1—(1) This Part applies to admiralty claims.

(2) In this Part—

(a) “admiralty claim” means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 1981(1);

(b) “the Admiralty Court” means the Admiralty Court of the Queen’s Bench Division of the High Court of Justice;

(c) “claim in rem” means a claim in an admiralty action in rem;

(d) “collision claim” means a claim within section 20(3)(b) of the Supreme Court Act 1981;

(e) “limitation claim” means a claim under the Merchant Shipping Act 1995(2) for the limitation of liability in connection with a ship or other property;

(f) “salvage claim” means a claim—

(i) for or in the nature of salvage;

(ii) for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995;

(iii) for the apportionment of salvage; and

(iv) arising out of or connected with any contract for salvage services;

(g) “caution against arrest” means a caution entered in the Register under rule 61.7;

(h) “caution against release” means a caution entered in the Register under rule 61.8;

(i) “the Register” means the Register of cautions against arrest and release which is open to inspection as provided by the practice direction;

(j) “the Marshal” means the Admiralty Marshal;

(k) “ship” includes any vessel used in navigation; and

(l) “the Registrar” means the Queen’s Bench Master with responsibility for Admiralty claims.

(3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.

(4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.

(1)

1981 c. 54; section 20 was amended by the Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28), section 1(6) and Schedule 2, paragraph 6; the Merchant Shipping Act 1995 (c. 21), section 314(2) and Schedule 13, paragraph 59 and by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 29(1) and Schedule 6, paragraph 2.

(2)

1995 c. 21.