Writ In Personam

Writ In Personam in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Writ In Personam, produced by Tetley, in the context of admiralty law: In common law jurisdictions, the writ whereby an action was traditionally instituted against a person, including a corporation, rather than against a thing. In the United Kingdom, such an action is now instituted by the issuance by the court of a “claim form”. In the U.K., Admiralty claims formerly known as “claims in personam” under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, are now governed, as of March 25, 2002, by Practice Direction 61 (Admiralty Claims), paras. 12.1 to 12.6 (Other Claims) and such claims proceed in accordance with Part 58 (Commercial Court) (see para. 12.2). The relevant claim form must be in Form ADM1A (see para. 12.3). In Canada, the “action in personam” in Admiralty is now instituted by a “statement of claim” under the Federal Court Rules, 1998 (SOR 98/106), in force April 25, 1998, Part 13 (Admiralty Actions), Rules 477 and 479.