Formative Assessment

Formative Assessment



Formative Assessment

Advise Investec Limited as to whether they should issue an in personam claim or an in rem claim in the Admiralty Court and what procedure should Investec Limited follow in order to ensure the service of proceedings is effective.

Under the given scenario I would advice Investec Limited to issue an in rem claim against Venture Limited. The cases that are in an admiralty court in a common law jurisdiction, against the ship (and sometimes against cargo and/or freight) (the res) as defendant, in respect of particular types of maritime claims (e.g. to enforce a claim secured by a maritime lien (infra) or a statutory right in rem(infra)). The taking of an action in rem is generally accompanied by the arrest (supra) of the res, which provides pre-judgment security for the claim and confirms the admiralty court's in rem jurisdiction. Where an action in rem is successful, the judgment may be enforced against the res by way of judicial sale. If the defendant files an appearance in the action in rem, however, the action proceeds as a combined action in personam and in rem, and an eventual judgment in the plaintiff's favour may then be executed against both the res and the defendant's other personal assets (Minghua, 2012). In the United Kingdom, an action in rem is now termed as a "claim in rem". See paras. 3.1 to 3.5 of Practice Direction 61 (Admiralty Claims), promulgated under Part 61 (Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, as amended with effect from March 25, 2002.

Advise Investec Limited as to what forms of security are available to them, and the procedures for obtaining such security.

Investec Limited as can use a statutory right in rem, is an unadulterated technique, the capacity of which is to present on an inquirer having a certain kind of oceanic case the right to capture the vessel in a movement in rem as security for that claim. Such claims incorporate supplies, repairs, shipbuilding and different "necessaries", and cases for break of charter party, load misfortune or harm, towage, pilotage, and general normal. The High Court may practice its locale over such asserts by ethicalness of group. 21(4) of the Supreme Court Act 1981, yet just gave the particular conditions recommended by that procurement are met, as laid out beneath. For cases falling under order. 20(2)(e) to (r) of the Act, a hefty portion of which are statutory right in rem claims, stand out boat may be served or captured (faction. 21(8)).

Currently, the United Nations Convention on the Law of the Sea (1982) gives the required legal basis for coastal zone management. The current Law of the Sea (UN) has the following provisions (Kari, 2006, pp. 11).

It determines the spatial limits of the different coastal zones. It also suggests the demarcation of border boundaries between countries that share seas.

It also includes a detailed account of the legal requirements based on different territories and ...