Admiralty Court Forms UK: Part 61 Claims Guide

What this document is

Admiralty law in England and Wales governs disputes connected to ships, the sea, and maritime commerce. That covers a wide spread of issues: collisions between vessels, salvage rewards for those who rescue ships or cargo, limitation of liability claims by shipowners, disputes over charterparties and bills of lading, mortgages over ships, and claims brought against a vessel itself (known as in rem claims).

The Admiralty Court is the specialist forum for these matters and has been for centuries. Procedurally, claims are governed by CPR Part 61 and its accompanying Practice Direction, which sit alongside the wider Civil Procedure Rules. Much of the underlying substantive law comes from the Merchant Shipping Act 1995, along with older statutes and a number of international conventions incorporated into UK law.

Because maritime disputes often involve parties in multiple jurisdictions, vessels that move across borders, and time-sensitive issues such as arrest of a ship, the procedure has features you will not see in ordinary civil litigation.

How to use this document

1. Identify whether your claim belongs in the Admiralty Court. Not every dispute involving a boat is an Admiralty matter. The court deals with claims such as collisions, salvage, towage, pilotage, mortgages on ships, forfeiture, limitation of liability, and cargo claims against a vessel. Commercial shipping disputes that are purely contractual may sit better in the Commercial Court, so the nature of the claim matters.
2. Decide between an in rem and in personam claim. An in rem claim is brought against the ship or property itself and may allow you to arrest the vessel as security. An in personam claim is brought against a person or company. The choice affects which claim form you use, the documents required, and the strategic options available, so think it through before issuing.
3. Prepare and issue the correct claim form. Admiralty claims in rem typically use Form ADM1, while collision claims use Form ADM3 together with a collision statement of case. In personam claims generally use the standard Part 7 form. You file at the Admiralty and Commercial Registry in the Rolls Building in London, and a fee is payable, so check gov.uk for the current amount.
4. Serve the claim form and manage early steps. Service rules differ depending on whether the claim is in rem or in personam, and whether the defendant is inside or outside the jurisdiction. For in rem claims, service may be effected on the ship itself. Acknowledgement of service, defences and any counterclaim then follow the timetable set out under Part 61 and the wider CPR.
5. Progress the claim through case management and trial. The Admiralty judge will give directions on disclosure, expert evidence (which is common in collision and salvage cases), witness statements and trial listing. Many cases settle, but those that proceed are tried in London before a specialist judge, sometimes sitting with Nautical Assessors on technical questions of seamanship.

Common questions