Enforcement of Maritime Claims


Jurisdiction Bases for Enforcement of Maritime Claims

3.1 Such jurisdiction is inherent in the High Court, it being stressed that it is a court of unlimited jurisdiction.1 But that is neither accurate nor the underlying reason—for if it were so there would never be any issue to decide. It is precisely because there are limits that the power to decide whether the limits are applicable becomes relevant. In practice despite dicta in the Court of Appeal2 most courts and tribunals have the power to decide their own jurisdiction—with whatever appeal or review provided by the legal process. Subject to express exclusion the power is inherent in the legal process. The power to grant interlocutory orders exists in relation to both the exercise of substantive jurisdiction and in proceedings to decide if such jurisdiction exists or should be exercised.3

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