Pete Daoust
In rem ("against the thing") - A type of legal proceeding, taken in an admiralty court in a common law jurisdiction, against the ship (and sometimes against cargo and/or freight) (the res) as defendant, in respect of particular types of maritime claims (e.g. to enforce a claim secured by a maritime lien or a statutory right in rem. The taking of an action in rem is generally accompanied by the arrest of the res (thing), which provides pre-judgment security for the claim and confirms the admiralty court's in rem jurisdiction. Where an action in rem is successful, the judgment may be enforced against the res by way of judicial sale. If the defendant files an appearance in the action in rem, however, the action proceeds as a combined action in personam and in rem, and an eventual judgment in the plaintiff's favour may then be executed against both the res and the defendant's other personal assets. On in rem jurisdiction, see Tetley, Int'l. C. of L., 1994 at p. 795-830; Tetley, M.C.C., 4 Ed., 2008 at pp. 558, 572-575, 576-577, 1476-1482; Tetley, "Arrest, Attachment, and Related Maritime Law Procedures" (1999) 73 Tul. L. Rev. 1895-1985 at pp 1905-1940. In the United Kingdom, an action in rem is now termed a "claim in rem". See paras. 1.4(b) and 2.1(1) to 2(8) of Practice Direction 49F (Admiralty), promulgated under Part 49 (Specialist Proceedings) at Rule 49(2)(a) of the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999.
Printed copy · Anthology Volume 2, page 415
