| Admiralty (maritime) law |
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| History |
| Features |
| Contract of carriage /charterparty |
| Parties |
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| International organizations |
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| International Codes |
Admiralty courts, also known asmaritime courts, are courts exercisingjurisdiction over allmaritimecontracts,torts, injuries, and offenses.
The Scottish court's earliest records, held in West Register House in Edinburgh, indicate that sittings were a regular event by at least 1556. Judges were styled "Judge Admiral" and received appointment at the hands of the Scottish High Admiral[a] to hear matters affecting theRoyal Scots Navy as well as mercantile, privateering andprize money disputes. From 1702 the judge of the court was also authorised to appoint deputies to hear lesser matters or to deputise during his absence.[1]
The Scottish court's workload was small until the mid-eighteenth century, with judges hearing no more than four matters in each sitting. After the 1750s the volume of cases rose until by 1790 it was necessary to maintain a daily log of decisions.[1] The growth in caseload was related to increasing disputes regarding breaches of charter, including ship's masters seeking compensation for unpaid freight and merchants suing for damage to goods or unexpected port fees. Cases reflected Scotland's principal marine industries including the transshipment of sugar and tobacco and the export of dried fish, coal and grains. A smaller number of cases related to smuggling, principally brandy, and to salvage rights for ships wrecked on Scottish shores.[2] The court ceased operation in 1832 and its functions were subsumed into theCourt of Session, Scotland's supreme court for civil disputes.[1][3]
The sole survivor of the independent courts of admiralty is the Court of Admiralty for theCinque Ports, which is presided over by the early-merged role ofJudge Official and Commissary. This office is normally held by aHigh Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends in an area with boundaries running from theNaze Tower,Essex along the shore toBrightlingsea, then to Shoe Beacon (or Shore Beacon),[4] (to the east ofShoeburyness, Essex[5]), across the mouth of theThames Estuary toShellness, Kent, and around the coast to Redcliffe, nearSeaford,Sussex.[6] It covers all the sea from Seaford to a point five miles offCape Grisnez on the coast ofFrance, and the Galloper Sands off the coast of Essex.[7] The last full sitting was in 1914. According to generalcivilian practice, the registrar can (and here does) act as deputy to the judge. Unless the judge finds a conflict of interest in the registrar's work their main task is to co-invest each successiveLord Warden of the Cinque Ports. Appeal from the court's decisions lies to theJudicial Committee of the Privy Council.[7]
| In office | Name | Qualifications |
|---|---|---|
| 1791–1809 | French Laurence | Doctor of Civil Law |
| 1809–1855 | SirJoseph Phillimore | — |
| 1855–1875 | Rt Hon SirRobert Phillimore | Bachelor of Arts, Doctor of Civil Law,Queen's Counsel,Privy Councillor,Barrister-at-Law |
| 1914–1936 | Rt Hon SirFrederick Pollock | Barrister-at-Law,Fellow of the British Academy, Queen's Counsel, Privy Councillor |
| 1936–1961 | R. E. Knocker | Order of the British Empire |
| 1961–1967 | N. L. C. Macaskie | Queen's Counsel |
| 1967–1979 | Sir Henry Barnard | Barrister-at-Law, Queen's Counsel |
| 1979–1996 | Lieutenant-Commander Gerald Darling | MA (Oxon),Deputy Lieutenant, Barrister-at-Law, Queen's Counsel |
| 1996–present | Lord Clarke of Stone-cum-Ebony | — |
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SinceElizabethan times, the symbol of authority for a British admiralty court has been a silver oar, placed before the judge when the court is in session. In this respect the silver oar is the equivalent of aceremonial mace, representing the authority of the Crown and theLord High Admiral of the United Kingdom.[8] An antique silver oar is still placed before the bench when the High Court sits in London on matters relating to its admiralty court functions; in past times it was borne by the marshal in procession, not only in court but on occasions of arrest of persons or vessels, and also on the way toExecution Dock for the last journey of those convicted ofpiracy. The date of the London oar is uncertain: it is depicted on the tomb of David Lewis, Judge of the High Court of Admiralty from 1559 until 1584, there is some evidence that it may date from the beginnings of the court in the fourteenth century, though one of several assay marks suggests that it was remade three centuries later (based on the earlier pattern).[9] Local courts and vice-admiralty courts had their own silver oars;[10] early examples survive from colonial courts inBermuda (1701),Boston (1725),New York City (c. 1725),Colombo (1801),Cape of Good Hope (1806) andCalcutta.[11] The silver oars measure four feet in length, and are borne by a ceremonialWater Bailiff, who is charged with the protection of the magistrate while the latter is on duty near the water.[12]
The Admiralty Court of theCinque Ports had a silver oar of early date, but it was stolen in the 1960s and replaced with a replica. Somelocal authorities possess examples relating to their former local admiralty jurisdiction. In recent times, new silver oars have been made for admiralty courts in Canada, Australia and New Zealand;[13] in 2014 the Admiralty Court presented a replica silver oar mace to theCorporation of Trinity House on the occasion of its 500th anniversary, acknowledging the work of its brethren in advising the court over much of its history.
In addition to representing the court in session, from the nineteenth century the silver oar has been the insignia of the Admiralty Marshal – an official responsible for serving writs of the court, and carrying out the sale of any vessels seized and disposed of by court decision.[14]
| Vice Admiralty Courts Act 1863 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act to facilitate the Appointment of Vice Admirals and of Officers in Vice Admiralty Courts in Her Majesty's Possessions abroad, and to confirm the past Proceedings, to extend the Jurisdiction, and to amend the Practice of those Courts. |
| Citation | 26 & 27 Vict. c. 24 |
| Dates | |
| Royal assent | 8 June 1863 |
To expedite the administration of maritime law, British colonies were routinely granted subsidiary jurisdiction through independent vice-admiralty courts. These were civil courts with the power to interpret colonial legislation, provided these did not conflict with Admiralty Court decisions or British maritime law.
The firstvice-admiralty court in Australia was established in the colony of New South Wales in 1788. The first Vice-Admiral wasArthur Phillip and the first judge wasRobert Ross. The court was abolished in 1911 when theSupreme Court of New South Wales was granted the admiralty jurisdiction of the court.
A vice-admiralty court was also formed inNova Scotia to trysmugglers and to enforce theSugar Act 1764 throughoutBritish North America. From 1763 to 1765, when American smugglers were caught, they were tried by corruptjudges who received a percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were more than likely to be found guilty.
| Colonial Courts of Admiralty Act 1890 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to amend the Law respecting the exercise of Admiralty Jurisdiction in Her Majesty's Dominions and elsewhere out of the United Kingdom. |
| Citation | 53 & 54 Vict. c. 27 |
| Dates | |
| Royal assent | 25 July 1890 |
| Other legislation | |
| Amended by | |
| Text of statute as originally enacted | |
| Text of the Colonial Courts of Admiralty Act 1890 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk. | |
Local courts and vice-admiralty courts had their ownsilver oars as symbols of Admiralty jurisdiction; early examples survive from colonial courts inBermuda (1701),Boston (1725),New York City (c. 1725),Colombo (1801),Cape of Good Hope (1806) andCalcutta.[11]
1890 saw the enactment of theColonial Courts of Admiralty Act 1890 (53 & 54 Vict. c. 27 (UK)). That act provided for the abolition of the imperial courts of admiralty and replace them with local courts to be called colonial courts of admiralty. It was widely considered unsatisfactory that the imperial court should exist separately to the colonial courts, yet use the same facilities and personnel of the colonial courts.[15]
A colonial court of admiralty was established in theBritish Ceylon in 1891 under theCeylon Courts of Admiralty Ordinance under the provisions of the Colonial Courts of Admiralty Act 1890 (UK) to deal jurisdiction over all admiralty and maritime actions. With Ceylon gainingself rule in 1948, jurisdiction over admiralty matters were transferred to theSupreme Court of Ceylon as theCeylon Independence Act 1947 (UK) made provisions of the Admiralty Act inapplicable.[16]
InSri Lanka today, admiralty jurisdiction is exercised by theHigh Court of Colombo, having had the jurisdiction transferred to it from the Supreme Court under the provisions of theJudicature Act No.2 of 1978.[17]
A silver oar sat inQuebec City, for many years from 1764 the seat of Admiralty practice in theSt LawrenceGreat Lakes drainage basin. TheHalifax vice Admiralty court sat in judgment of the bulk of the piracy cases in the western Atlantic, while Quebec dealt with most of the commercial work.[18]
The Canadian Admiralty court was born the year after the Colonial Courts of Admiralty Act 1890 laid the groundwork. In that year "theParliament of Canada declared theExchequer Court of Canada to be a "Colonial Court of Admiralty", thereby rendering it Canada's national admiralty court. The Exchequer Court continued in this role until 1 June 1971, when it was renamed and continued by statute as theFederal Court of Canada, to remain the admiralty court of Canada."[19]
TheHanseatic League was formed in the 13th century to exploit trade between Nordic cities linked by theBaltic Sea. The lawvan schiprechte was developed by this means. In 1241, Lübeck, which had access to the Baltic and North seas' fishing grounds, formed an alliance—a precursor to the League—with the trade city of Hamburg, which controlled access to thesalt-trade routes fromLüneburg. These cities gained control over most of thesalt-fish trade, especially theScania Market;Cologne joined them in theDiet of 1260. The towns raised their armies, with each guild required to providelevies when needed. The Hanseatic cities aided one another, and commercial ships often served to carry soldiers and their arms. The network of alliances grew to include a flexible roster of 70 to 170 cities.[20]
TheThirty Years' War, from 1618 to 1648, was destructive for the Hanseatic League and members suffered heavily. Then in 1666, the Steelyard burned in theGreat Fire of London. The Kontor-manager sent a letter toLübeck appealing for immediate financial assistance for a reconstruction.Hamburg,Bremen, and Lübeck called for aHanseatic Day in 1669. Only a few cities participated and those who came were reluctant to contribute financially to the London reconstruction. It was the last formal meeting, unbeknownst to any of the parties.
In theUnited States, thefederal district courts have jurisdiction over all admiralty and maritime actions; see28 U.S.C. § 1333.
In recent years, apseudolegalconspiracy argument used notably bysovereign citizens[21] is that an American court displaying anAmerican flag with agold fringe is in fact an "admiralty court" and thus has nojurisdiction. Courts have repeatedly dismissed this as frivolous.[22] InUnited States v. Greenstreet, thecourt summarized their finding to this argument with, "Unfortunately for Defendant Greenstreet, decor is not a determinant for jurisdiction."[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
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