Writ In Rem

Writ In Rem in Maritime Law

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

The following is a definition of Writ In Rem, produced by Tetley, in the context of admiralty law: In common law jurisdictions, the writ whereby an action was traditionally instituted against a thing. In the United Kingdom, under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, such an action (called a “claim in rem”) is now instituted by a “claim form in rem”, under Practice Direction 61 (Admiralty Claims), para. 3.1 and Form ADM 1. Practice Direction 61 was promulgated pursuant to Part 61(Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998, as amended with effect from March 25, 2002. In Canada, the “action in rem” 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 and Form 477.