What is a maritime claim and how is it enforced?
There are 32 categories of “maritime claims” defined in section 1 of the Admiralty Jurisdiction Regulation Act 105 of 1983 (hereinafter referred to as the “the Act”) which are subject to the admiralty jurisdiction of the High Court.
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Proceedings in personam, in which the person or the debtor or wrongdoer is cited as the Defendant.
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Proceedings in rem, in which the ship, bunkers, cargo, equipment, or freight against or in respect of which the claim lies, is cited as the Defendant.
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In addition, in rem proceedings can be brought against a container if the claim arises out of or relates to the use of that container in or on a ship or the carriage of goods by sea or by water or otherwise in that container.