County Courts Act 1984

27 Admiralty jurisdiction. E+W

(1) Subject to the limitations of amount specified in subsection (2), an Admiralty county court shall have the following Admiralty jurisdiction, that is to say, jurisdiction to hear and determine—

(a) any claim for damage received by a ship;

(b) any claim for damage done by a ship;

(c) any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act neglect or default of—

(i) the owners, charterers or persons in possession or control of a ship; or

(ii) the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(d) any claim for loss of or damage to goods carried in a ship;

(e) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

[F1 (f) any claim—

(i) under the Salvage Convention 1989;

(ii) under any contract for or in relation to salvage services; or

(iii) in the nature of salvage not falling within (i) or (ii) above;

or any corresponding claim in connection with an aircraft;]

(g) any claim in the nature of towage in respect of a ship or an aircraft;

(h) any claim in the nature of pilotage in respect of a ship or an aircraft;

(j) any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

(k) any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

(l) any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);

(m) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship.

(2) The limitations of amount referred to in subsection (1) are that the court shall not have jurisdiction to hear and determine—

(a) a claim [F2 falling within paragraph (f) of that subsection] where the value of the property saved exceeds £15,000; or

(b) any other claim mentioned in that subsection for an amount exceeding £5,000.

[F3 (3) In subsection (1)(f)—

(a) the “Salvage Convention 1989” means the International Convention on Salvage, 1989 as it has effect under section 1 of the Merchant Shipping (Salvage and Pollution) Act 1994;

(b) the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services;

(c) the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (f) which is available under section 87 of the Civil Aviation Act 1982.]

(4) Subject to subsection (5), subsections (1) to (3) apply—

(a) in relation to all ships or aircraft whether British or not and whether registered or not and wherever the residence or domicile of their owners may be, and

(b) in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land).

(5) Nothing in subsection (4) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Acts 1894 to 1983.

(6) If, as regards any proceedings as to any such claim as is mentioned in subsection (1), the parties agree, by a memorandum signed by them or by their respective [F4 legal representatives]or agents, that a particular county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in subsection (2) or in county court rules for prescribing the courts in which proceedings shall be brought, have jurisdiction to hear and determine the proceedings accordingly.

(7) Nothing in this section shall be taken to affect the jurisdiction of any county court to hear and determine any proceedings in which it has jurisdiction by virtue of section 15 or 17.

(8) Nothing in this section, or in section 26 or in any order made under that section, shall be taken to confer on a county court the jurisdiction of a prize court within the meaning of the Naval Prize Acts 1864 to 1916.

(9) No county court shall have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in a county court shall be set aside.

(10) In subsection (9) “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention.

(11) Section 555 of the M1 Merchant Shipping Act 1894 shall have effect as if there were inserted after the word “agreement” the words “or by a county court in England or Wales”.

Textual Amendments

F1 S. 27(1)(f) substituted (1.1.1995) by 1994 c. 28, s. 1(6), Sch. 2 para. 7(2); S.I. 1994/2971, art. 2,Sch. (which 1994 c. 28 was repealed (1.1.1996) by 1995 c. 21, ss. 314, 316, Sch. 2)

F2 Words in s. 27(2) substituted (1.1.1995) by 1994 c. 28, s. 1(6), Sch. 2 para. 7(3); S.I. 1994/2971, art. 2,Sch. (which 1994 c. 28 was repealed (1.1.1996) by 1995 c. 21, ss. 314, 316, Sch. 2)

F3 S. 27(3) substituted (1.1.1995) by 1994 c. 28, s. 1(6), Sch. 2 para. 7(4); S.I. 1994/2971, art. 2,Sch. (which 1994 c. 28 was repealed (1.1.1996) by 1995 c. 21, ss. 314, 316, Sch. 2)

F4 Words in s. 27(6) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(3); S.I. 1991/608, art. 2, Sch.

Marginal Citations

M1 1894 c. 60.