Paragraph 49.2 Forms of actionF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 rule 12 words substituted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(2)
Sch. 1 rule 12.3(3) words inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(3)
Sch. 1 rule 12.4(2)(b) words inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(3)
Sch. 1 Appendix 1 Form 7ZA inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 sch.
Sch. 1 repealed by Courts Reform (Scotland) Act 2014 sch. 5 para. 4(h)

(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.

Annotations

Textual amendments

F1: Sch. 1 Ch. 49 inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(4)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5