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Paragraph 49.3 Actions in remF1

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

(1)

In an Admiralty action in rem—

(a)

where the owners or demise charterers of, or other parties interested in, the ship or the owners of the cargo against which the action is directed are known to the pursuer, they shall be called as defenders by name;

(b)

where such owners or demise charterers or other parties are unknown to the pursuer—

(i)

the pursuer may call them as defenders as “the owners of or parties interested in the ship (name and identify by its port of registry) or the owners of the cargo”; and

(ii)

the master, if known, shall also be called as a defender representing the owners or demise charterers.

(2)

In an Admiralty action in rem, the ship or cargo shall be arrested in rem and a warrant for such arrestment may include warrant to dismantle where craved in the initial writ.

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