The Gazette 1984

GAZETTE

JULY/AUGIJST 1984

Admiralty Courts in Ireland

by William F. Holohan, B.C.L., LL.B., Solicitor Auditor 1982-1983

Inaugural Address to The Solicitors' Apprentices Debating Society of Ireland.

Establishment and Jurisdiction C OURTS of Admiralty have existed in the British Isles for ever six hundred years 2 and in other jurisdictions have existed for upwards of two hundred years before they were established in Britain. The earliest known Laws of Admiralty 3 of modern civilisations were those promoted by Eleanor of Aquitaine, later wife of Henry II of England, at the Isle of Oleron in France. Having passed through many forms at different times, the Laws of Admiralty in Ireland 4 were last formulated in "The Court of Admiralty (Ireland) Act, 1867", 5 as amended. 6 Under Part II of that Act, jurisdiction is conferred upon the Court 7 to decide, inter alia, upon the following: "Upon all claims whatsoever relating to salvage. 8 All claims and demands in a nature of towage. 9 Any claims for damage received or done by any ship. 10 Any claim for the building, equipping or repairing of any ship." Any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs. 12 All questions arising between co-owners or any of them touching the title to or ownership, possession, employment and earnings of any ship registered at any port in Ireland. 13 any claim by a seaman of a ship for wages earned by him on board the ship. 14 Any claim in respect of any mortgage duly registered. 15 " Under Section 38 of the Act, "the jurisdiction conferred by this Act may be exercised either by proceedings in rem or by proceedings in personam". 16 The Court was also given powers equal to "Superior Courts of Common Law in Ireland or any Judge thereof to compel either party in any cause or matter to answer interrogatories and to enforce the Production, Inspection and Delivery of copies of any document in his possession or power", 17 "to commit persons to prison", 18 to discharge persons in contempt, 19 and to administer Oaths. 20 Also, powers to allow Affidavits to be made on Oath before persons appointed by the Court for that purpose 21 and to examine witnesses 22 in accordance with the rules of evidence observed in the Superior Courts of Common Law, were granted. 23 Judgments, Decrees and Orders of the Courts of Admiralty were also to have the same effect as Judgments of the Courts of Common law. 24 Powers to order security for costs and arrests were also granted. 25 Under an amending Act of 1876, 26 the jurisdiction was extended to include power to decide all claims arising out of any agreement as to the use or hire of any ship, or as to

the carriage of goods therein and over all claims in tort and in respect of claims regarding goods carried on a ship. 27 The High Court of Admiralty in Ireland, as a separate Court with its own separate system, was short- lived. Under the terms of the Supreme Court of Judicature (Ireland) Act, 1877, on the vacation of office of the existing Admiralty Judge, the Court of Admiralty was united and consolidated with the Supreme Court of Judicature in Ireland, and all jurisdiction of the Judge of the Admiralty Court and all proceedings then pending, were transferred to the High Courts of Justice in Ireland. 28 Modern Jurisdiction Jurisdiction in Admiralty matters is now, by virtue of the Courts Acts, 29 vested in the High Court. The Rules of the Superior Courts 30 provide the rules governing actions in Admiralty, 31 which are defined to mean: (a) Any claim or question in respect of which the former High Court of Admiralty had jurisdiction, (b) a claim for the sale of a ship or any share therein, (c) a claim to prohibit any dealing with a ship or any share therein, (d) a claim in respect of a mortgage or a charge on a ship, or any share thereon, (e) a claim rising out of bottomry, 32 (0 a claim for the forfeiture of any ship or her tackle, apparel or furniture, or the restoration thereof after .a seizure or for costs and damages in respect of the seizure or detention thereof, (g) a claim in the nature of or arising out of pilotage, (h) a claim arising out of a general average act. Practice and Procedure Proceedings in Admiralty are heard by a Judge assigned by the President of the High Court. 33 The Judge may appoint assessors if he deems it necessary or if one of the parties to an action insists. 34 He may also obtain the assistance of accountants, merchants, engineers, actuaries and other scientific persons "in such way as (he) the Judge may think fit" 35 Various other rules govern procedural matters and the form of documents to be used in such actions. These may

be found in the Superior Court Rules. 36 INFERIOR ADMIRALTY COURTS Local Courts

Under the 1867 Act, the Lord Lieutenant or other Chief Governor or Governors in Ireland in Council, were empowered to declare by Order in Council that the Recorder of any Borough Court or the Chairman of any 163