admiralty court

Definition of admiralty court

Further reading

Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.

Admiralty Courts in England and Wales

Today Admiralty jurisdiction is exercised by the High Court of England and Wales. The admiralty laws which are applied in this court is based upon the civil law-based Law of the Sea, as well as statutory and common law additions.

Historically, there were a number of admiralty courts. From about 1360 the sea coast of England and Wales was divided into 19 districts, and for each there was a Vice Admiral of the Coast, representing the Lord High Admiral. From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate, Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.

The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports, which is presided over by the Judge Official and Commissary of the Court of Admiralty of the Cinque Ports. This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex, to Redcliffe, near Seaford, Sussex. It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France, and the coast of Essex (and Birchington, near Margate, Kent). The Court now sits only rarely, and the last full sitting was in 1914. Accordingly to general civilian practice, the registrar can act as deputy to the judge, and the only active role of the judge now is to take part in the installation of a new Lord Warden of the Cinque Ports. Appeal from the court's decisions lies to the Judicial Committee of the Privy Council.

References

1. "Court of Session Act 1830", Acts of the Parliament of the United Kingdom 69: 21, 1830-06-23, "the Court of Session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the High Court of Admiralty before the passing of this Act"
2. United States v. Mackovich, 209 F.3d 1227, 1233-1235, fn. 2 (9th Cir. 2000).

External links

• The Navigation Act of September 13, 1660