If you have suffered a loss or damage due to a maritime accident, you may be entitled to file an admiralty claim in the UK. Admiralty claims are a special type of civil litigation that deal with disputes arising from maritime activities, such as collisions, salvage, cargo damage, personal injury, environmental pollution, etc.

We will explain the legal perspective of how to file an admiralty claim in the UK, and provide a step-by-step guide for the process.

Step 1: Identify the basis of your claim

The first step is to identify the legal basis of your claim, and the parties involved. Depending on the nature of your case, you may have different options to pursue your claim, such as:

• Contract: If you have a contractual relationship with the other party, such as a charter party, a bill of lading, a marine insurance policy, etc., you may be able to sue them for breach of contract.
• Tort: If you have suffered a loss or damage due to the negligence or wrongful act of another party, such as a shipowner, a master, a crew member, a salvor, etc., you may be able to sue them for tort.
• Statute: If you have a statutory right to claim compensation from another party, such as under the Merchant Shipping Act 1995, the Carriage of Goods by Sea Act 1971, the Athens Convention 1974, etc., you may be able to invoke these laws to support your claim.

Step 2: Determine the jurisdiction and venue of your claim

The next step is to determine where you can file your claim. Admiralty claims in the UK are governed by the Senior Courts Act 1981 and the Civil Procedure Rules 1998. According to these rules, admiralty claims can only be brought in the High Court of Justice in London, which has a dedicated Admiralty Court that handles maritime disputes. However, some admiralty claims can also be transferred to other courts in England and Wales, Scotland or Northern Ireland, depending on the circumstances of the case.

The jurisdiction and venue of your claim may depend on several factors, such as:

• The domicile or residence of the parties
• The place where the contract was made or performed
• The place where the tort was committed or the damage occurred
• The location or nationality of the ship or property involved
• The existence of any jurisdiction or arbitration clauses in the contract
• The availability of any alternative dispute resolution methods, such as mediation or arbitration

Step 3: Prepare and file your claim form

The third step is to prepare and file your claim form with the court. The claim form is a document that sets out the details of your claim, such as:

• The names and addresses of the parties
• The nature and basis of your claim
• The facts and evidence supporting your claim
• The amount and type of damages or remedies sought
• The legal arguments and authorities relied on

You can find the relevant forms and guidance on how to fill them on the website of the Admiralty Court. You will also need to pay a court fee when filing your claim form, which varies depending on the value of your claim.

Step 4: Serve your claim form on the defendant(s)

The fourth step is to serve your claim form on the defendant(s). This means delivering a copy of your claim form to them personally or by an authorised method, such as post, email or fax. You must serve your claim form within four months of filing it with the court, unless you obtain an extension from the court.

You must also provide proof of service to the court by filing a certificate of service within seven days of serving your claim form. This is a document that confirms when and how you served your claim form on the defendant(s).

Step 5: Wait for the defendant(s) to respond

The fifth step is to wait for the defendant(s) to respond to your claim. The defendant(s) have 14 days from receiving your claim form to file an acknowledgement of service with the court. This is a document that indicates whether they intend to defend or admit your claim.

If they intend to defend your claim, they have another 28 days from filing their acknowledgement of service to file their defence with the court. This is a document that sets out their response to your claim, such as:

• The names and addresses of the parties
• The nature and basis of their defence
• The facts and evidence supporting their defence
• The amount and type of damages or remedies sought
• The legal arguments and authorities relied on

If they intend to admit your claim, they have another 14 days from filing their acknowledgement of service to file their admission with the court. This is a document that confirms their liability for your claim and offers to pay damages or provide other remedies.

Step 6: Proceed with further steps

The sixth step is to proceed with further steps depending on how the defendant(s) respond to your claim. If they defend your claim, you may need to take further steps to prepare for trial, such as:

• Filing and exchanging witness statements
• Filing and exchanging expert reports
• Filing and exchanging disclosure of documents
• Filing and exchanging skeleton arguments
• Attending case management conferences and pre-trial reviews

If they admit your claim, you may need to take further steps to obtain judgment and enforce it, such as:

• Applying for a default judgment or a summary judgment
• Applying for an assessment of damages or an account of profits
• Applying for an injunction or a declaration
• Applying for a warrant of arrest or a freezing order
• Applying for a writ of execution or a garnishee order

If you are considering filing an admiralty claim, you should consult a qualified solicitor who specialises in maritime law and can advise you on the best course of action for your case.