Shipping Law

Page 277




Page 278

Collisions at sea are a staple of ‘wet’ Admiralty work. Such actions are subject to two procedural peculiarities that distinguish them from ordinary shipping actions proceeding in the Commercial Court or the Admiralty Court. The first is the collision statement of case, formerly known as the ‘preliminary act’. This is a document containing various questions relating to the collision, for example: the ships involved; the weather; the course steered; and the angle of contact.1 Under CPR Pt 61.4(5), every party must file a completed statement of case in form Adm 3 within two months of the defendant filing an acknowledgement of service.2 The answers contained in the statement of case will constitute admissions of fact for the purpose of the litigation. The second is the role of the assessors, who are usually chosen from the ‘elder brethren’ of Trinity House. They sit with the judge to advise on nautical matters. They cannot be cross-examined and their role substantially restricts the right of the parties to call their own expert nautical evidence.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.