The Civil Procedure Rules 1998

[F1 Scope and interpretation E+W

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;

(b) “the Admiralty Court” means the Admiralty Court of the [F2 King’s] Bench Division of the High Court of Justice;

[F3 (ba) “the Admiralty Judge” means the judge in charge of the Admiralty Court and any other judge authorised to sit in the Admiralty Court;

(bb) “the Admiralty Registrar” means the holder of the office of this name listed in column 1 of Part II of Schedule 2 to the Senior Courts Act 1981 or any person who is authorised to exercise the powers of this office in accordance with s.91(1) of the Act;

(bc) “claim in personam” means an admiralty claim, other than a claim in rem, brought in accordance with section 21(1) of the Senior Courts Act 1981;]

(c) “claim in rem” means a claim in an admiralty action in rem [F4 brought in accordance with section 21(2) to (5) of the Senior Courts Act 1981;];

(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 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 [F5 Practice Direction 61];

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

(k) “ship” includes any vessel used in navigation; F6 ...

(l) “the Registrar” means the [F7 Admiralty Registrar; and]

[F8 (m) “electronic track data” means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder].

(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.]

Textual Amendments

F1 Pt. 61 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 5

F2 Word in rule 61.1(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 33(1)

F3 Rules 61.1(2)(ba)-(bc) inserted (6.4.2019) by The Civil Procedure (Amendment) Rules 2019 (S.I. 2019/342), rules 1(1), 10(a)

F4 Words in rule 61.1(2)(c) inserted (6.4.2019) by The Civil Procedure (Amendment) Rules 2019 (S.I. 2019/342), rules 1(1), 10(b)

F5 Words in rule 61.1(2)(i) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 36(a)

F6 Word in rule 61.1(2)(k) omitted (6.4.2019) by virtue of The Civil Procedure (Amendment) Rules 2019 (S.I. 2019/342), rules 1(1), 10(c)

F7 Words in rule 61.1(2)(l) substituted (6.4.2019) by The Civil Procedure (Amendment) Rules 2019 (S.I. 2019/342), rules 1(1), 10(d)

F8 Rule 61.1(m) inserted (28.2.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(a), 10(1)