Admiralty claims and the new CPR Part 61

A new Part 61 of the Civil Procedure Rules and an accompanying Practice Direction came into force in 2002 and have separated the functions of rules and practice. They refer almost exclusively to claims in rem; claims in personam, previously dealt with by their predecessor (Practice Direction 49F), are generally referred to the new Part 58 (Commercial Claims) and its Practice Direction. The rewording of the Rules does not appear to make significant changes to the bulk of the established in rem procedure. Arrest remains subject to compliance with formal requirements and not, apparently, subject to the discretion of the courts, although the rewording creates doubts about its character as an entitlement and may allow for the use of arrest in execution of unsatisfied foreign and domestic judgments.