SCHEDULES

First Schedule ORDINARY CAUSE RULES 1993

Special provisions in relation to particular causes

F1CHAPTER 49ADMIRALTY ACTIONS

Forms of action

49.2.

(1)

An Admiralty action against the owners or demise charterers of, or other parties interested in, a ship or the owners of the cargo may be brought—

(a)

in rem, where the crave of the initial writ is directed to recovery in respect of a maritime lien against the ship or cargo or the proceeds of it as sold under order of the sheriff or where arrestment in rem may be made under section 47(3) of the Administration of Justice Act 1956;

(b)

in personam, where the crave of the initial writ is directed to a decree against the defender; or

(c)

both in rem and in personam, where sub-paragraphs (a) and (b) apply.

(2)

When bringing an Admiralty action, the pursuer shall use Form G1 (initial writ) and insert the words “Admiralty Action in rem”, “Admiralty Action in personam” or “Admiralty Action in rem and in personam”, as the case may be, immediately below where the Sheriffdom and court are designed, above the instance.