LLM MARITIME LAW Coursework 1
UNIVERSITY OF HERTFORDSHIRE
SCHOOL OF LAW
COURSEWORK FOR (MARITIME LAW )
AUTHOR - ( FARADILA BINTI ROSLAN; 11605537 )
DATE - (20TH FEBRUARY 2012 )
SEMINAR GROUP - (-)
SEMINAR TUTOR - ( DR. ARDESHIR ATAI )
SCHEME - (LLMF1)
“Where the action is undefended, it used to be the case that any judgment would be limited to the value of the res itself. In the light of the reasoning of the House of Lords in The Indian Grace (No. 2), to the effect that, after service of in rem proceedings, the action proceeds as an action in personam, this is probably no longer the case. The claimant will be entitled to enforce the full amount of any judgement in respect of the in personam liability of the shipowner. Where no such liability has been incurred, however, the judgment will still be limited to the value of the res.”
Simon Baughen, Shipping Law (4th edn, Routledge-Cavendish 2009), p. 383
Critically assess the extent to which an action in rem is the same as an action in personam following The Indian Grace (No.2)?
I certify that this piece of work is my own work, that it has not been copied from elsewhere, that I have not colluded with another in the preparation of this work (unless permitted) and that any extracts from books, papers or other sources have been properly acknowledged as references or quotations. I also certify that I have checked the settings of my work before submission to ensure that I have complied with the template instructions. If this is untrue I acknowledge that I will have committed an assessment offence.
Signed: FARADILA BINTI ROSLAN Date: 19TH FEBRUARY 2012
The similarity between actions in rem and actions in personam has been a point of contention following The Indian Grace No.2. In order to assess to what extent the two actions are the same, statute, precedent and legal development regarding these actions shall be discussed.
History
Before 1873, actions in rem were directed against the ship, only
SCHOOL OF LAW
COURSEWORK FOR (MARITIME LAW )
AUTHOR - ( FARADILA BINTI ROSLAN; 11605537 )
DATE - (20TH FEBRUARY 2012 )
SEMINAR GROUP - (-)
SEMINAR TUTOR - ( DR. ARDESHIR ATAI )
SCHEME - (LLMF1)
“Where the action is undefended, it used to be the case that any judgment would be limited to the value of the res itself. In the light of the reasoning of the House of Lords in The Indian Grace (No. 2), to the effect that, after service of in rem proceedings, the action proceeds as an action in personam, this is probably no longer the case. The claimant will be entitled to enforce the full amount of any judgement in respect of the in personam liability of the shipowner. Where no such liability has been incurred, however, the judgment will still be limited to the value of the res.”
Simon Baughen, Shipping Law (4th edn, Routledge-Cavendish 2009), p. 383
Critically assess the extent to which an action in rem is the same as an action in personam following The Indian Grace (No.2)?
I certify that this piece of work is my own work, that it has not been copied from elsewhere, that I have not colluded with another in the preparation of this work (unless permitted) and that any extracts from books, papers or other sources have been properly acknowledged as references or quotations. I also certify that I have checked the settings of my work before submission to ensure that I have complied with the template instructions. If this is untrue I acknowledge that I will have committed an assessment offence.
Signed: FARADILA BINTI ROSLAN Date: 19TH FEBRUARY 2012
The similarity between actions in rem and actions in personam has been a point of contention following The Indian Grace No.2. In order to assess to what extent the two actions are the same, statute, precedent and legal development regarding these actions shall be discussed.
History
Before 1873, actions in rem were directed against the ship, only
Bibliography: 2. Christopher Hill, Maritime Law, Sixth Edition, Llyod’s Practical Shipping Guide, 2003 United Kingdom. 3. Simon Baughen, Shipping Law, Third Edition, Cavendish Publishing, 2004 United Kingdom. Articles 4. Paul Myburgh, Arresting the right ship, procedural theory, the in personam ink and conflict of laws, Kluwer Law International, The Hague, 2005) 283-320.