History of the Admiralty Courts

 

Historically Cyprus' Admiralty Courts were born out of the colonial courts of admiralty, being a former British colony until 1959. Today the Admiralty Jurisdiction rests with the Supreme Court of Cyprus. The Admiralty Jurisdiction Order dates back to 1893. As a result of this historical legal connection much of the practice of the English Admiralty Courts and case law is followed in Cyprus.

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Maritime Claims - What types of claims may be brought before the Supreme Court - subject matter jurisdiction

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Admiralty jurisdiction of the Supreme Court is as follows: 

jurisdiction to hear and determine any of the following questions or claims

 

(a) any claim to the possession or ownership of a ship or to the ownership of any share therein;

(b) any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

(c) any claim in respect of a mortgage of or charge on a ship or any share therein;

(d) any claim for damage done by a ship;

(e) any claim for damage received by a ship;

(f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(g) any claim for loss of or damage to goods carried in a ship;

(h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

(j) any claim in the nature of salvage (including any claim arising by virtue of the application, by or under section fifty-one of the Civil Aviation Act, 1949, of the law relating to salvage to aircraft and their apparel and cargo);

(k) any claim in the nature of towage in respect of a ship or an aircraft;

(l) any claim in the nature of pilotage in respect of a ship or an aircraft;

(m) any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

(n) any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

(o) any claim by a master or member of the crew of a ship for wages and any claim by or in respect of a master or member of the crew of a ship for any money or property which, under any of the provisions of the Merchant Shipping Acts, 1894 to 1954, is recoverable as wages or in the court and in the manner in which wages may be recovered;

(p) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

(q) any claim arising out of an act which is or is claimed to be a general average act;

(r) any claim arising out of bottomry;

(s) any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or of the restoration of a ship or any such goods after seizure, or for droits of Admiralty.

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together with any other jurisdiction which either was vested in the High Court of Admiralty immediately before the date of the commencement of the Supreme Court of Judicature Act, 1873 (that is to say, the first day of November, eighteen hundred and seventy-five) etc

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The preceding provisions apply  in relation to all ships or aircraft, whether Cyprus or not and whether registered or not.

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mode of exercise of Admiralty jurisdiction - in Rem proceedings

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The Admiralty jurisdiction of the Supreme Court may, in the cases mentioned in paragraphs (a) to (c) and (s), above,  be invoked by an action in rem against the ship or property in question.

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In any case in which there is a maritime lien or other charge on any ship, aircraft or other property of the amount claimed, the Admiralty jurisdiction of the Supreme Court may be invoked by an action in rem against that ship, aircraft or property.

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In the case of any such claim as is mentioned in paragraphs (d) to (r) (above) being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, the Admiralty jurisdiction of the Supreme Court and (where there is such jurisdiction) may (whether the claim gives rise to a maritime lien on the ship or not) be invoked by an action in rem against -

(a) that ship, if at the time when the action is brought it is beneficially owned as respects all the shares therein by that person; or

(b) any other ship which, at the time when the action is brought, is beneficially owned as aforesaid.

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The office undertakes actions before the Admiralty Division of the Supreme Court of Cyprus including Actions in Rem, Ship Arrests, Sale and Appraisement, Determination of Priorities etc.

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