Marshall

The arrest procedure is effected under 075 by means of a warrant of arrest. In practice, the writ in rem and the warrant of arrest will be served at the same time. The plaintiff must state on affidavit the nature of the claim and the circumstances giving rise to the claim. There is a duty of full and frank disclosure in relation to the facts required to be stated on affidavit under 075. If such disclosure is not made the arrest can be set aside and security relinquished: The Johnny Two (1992). In The Lloyd Pacifio (1995) the Admiralty Court stated that it was important that parties should recognise that they ought not to seek to arrest a vessel unless they complied properly with the provisions of 075. The procedure for arrest is dealt with by the Admiralty Marshall in London or by a Deputy, who will be a Regional Customs Officer, in other ports within England and Wales. Sheen J in The Johnny Two (1992) outlined the current procedure for the arrest of a ship, from the issue of the warrant by the Admiralty Marshall to the service of the writ and warrant by an officer of HM Customs. If security is provided and the service of the writ accepted by solicitors the ship may be released before arrest. At this point, it is necessary to consider the impact of the Civil Jurisdiction and Judgements Act 1992 (The Brussels Convention). The Act (which also encompasses the Lugano Convention) provides for the determination of jurisdiction in respect of civil actions. The Act – hereinafter referred to as the Brussels Convention (both Conventions are referred to by this name) – applies where the defendant is domiciled in a contracting state. The main rule regarding forum is that the defendant should be sued in the contracting state of his domicile: Article 2. The important point is that determination of jurisdiction must now be in accordance with the Convention. The courts’ ‘policy’ approach is no longer the way to determine jurisdiction. The courts are free to use their own rules when the defendant is not domiciled within the European Union.