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Arresting Times for Ships?

With effect from 1 August 2012, important changes have been introduced to the Sheriff Court Rules relative to the arrestment of ships under the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (No. 1).

Ship arrestment is a highly effective method of securing an asset within contractual litigation.  Great care must be taken to ensure that arrestment is properly effected since wrongful arrest can expose the arresting party to potentially large claims for the vessel’s loss of use.

The area is a specialised one and, principally, authority for such arrestments in Scotland is contained within the Administration of Justice Act 1956.

These recent changes to the Rules have come in with relatively little coverage under a miscellaneous Statutory Instrument but in many respects, they seek to provide a degree of uniformity between the arrestment process in both the Court of Session and the Sheriff Courts.

Since ship arrestment is generally best done swiftly to ensure its success, it is important to be fully aware of the necessity to comply with these changes and complete all relevant Court Forms as set out in the Act of Sederunt, a copy of which can be downloaded here.

For more information on this matter, please contact Martin Sinclair.

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