Paragraph 49.4 Actions in personamF1

In an Admiralty action in personam directed against the owners or demise charterers, or other parties, interested in a ship, or the owners of cargo, the defenders shall, if known to the pursuer, be called as defenders by name.

In such an action, where—

the master of the ship may be called as the defender representing the owners or demise charterers.

In an action to which paragraph (2) applies, any warrant to arrest to found jurisdiction shall be executed against the master of the ship in his or her representative capacity.

In an action to which paragraph (2) applies, any decree shall be pronounced against the master in his or her representative capacity.

A decree in an Admiralty action in personam may be pronounced against an owner or demise charterer of, or other party interested in, the ship or the owner of the cargo only where that owner or demise charterer or other party interested, as the case may be, has been called or added as a defender.