Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
Admiralty arrestment is a type of diligence relating to the arrestment of ships and cargo on board ships for debt due. Generally, arrestment of a ship prevents it from sailing to its next destination until the arrestment is recalled or the debtor provides alternative security. Admiralty arrestments are relatively uncommon but may be for claims of some considerable value.
The term 'admiralty' relates to the right and power to apply the law over maritime property.
Whilst most admiralty actions in Scotland are raised in the Court of Session, local sheriff courts also have jurisdiction within their own areas. Generally, jurisdiction for an admiralty action may be where the defender (debtor) has his residence or place of business. It may also be where the cause of the action arose, in a court which has already heard an action relating to the same incident and where jurisdiction has been agreed or a ship owned by the defender has been arrested to found jurisdiction.
There are three types of admiralty arrestment -
- Arrestment on the dependence - used to secure a claim against the owner of a ship. Unlike other forms of arrestment on the dependence, the ship does not have to be in the hands of a third party in order to be arrested - it can be arrested in the hands of the owner.
- Arrestment in rem - an arrestment carried out to enforce a claim against the ship itself or against some other piece of maritime property. Generally, arrestment in rem may only be used to enforce a maritime lien such as, for example, claims arising as a result of a collision or claims by crew members for wages due for service on a particular ship. Arrestment in rem also founds jurisdiction against the vessel.
- Arrestment to found jurisdiction - an action brought specifically to establish jurisdiction in Scotland but not having the effect of detaining the vessel. Unless followed by arrestment on the dependence, the vessel is free to sail.
Before carrying out an admiralty arrestment, the pursuer (creditor) must obtain a warrant to arrest by presenting a summons to the relevant court, setting out the case for arrestment. Once the warrant is granted the arrestment is carried out by an officer of the court (a Messenger at Arms or a Sheriff Officer) who physically attends the vessel.
Part 14 and Schedule 4 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 were brought into force on 1st July 2007 and modernised the language and process of the current law on admiralty actions and ship arrestment by introducing changes to the Administration of Justice Act 1956.
This section of the website is intended to give a broad overview of diligence. It is not a full statement of the law nor does it provide a full description of each of the processes.