Book contents
- Frontmatter
- Contents
- Preface and Acknowledgments
- List of Admiralty Judges
- Abbreviations and Symbols
- Table of Statutes
- Table of Cases
- Dedication
- INTRODUCTION
- 1 THE ERA OF STOWELL
- 2 THE COURT RESURGENT
- 3 THE FALL OF DOCTORS' COMMONS
- 4 THE GREAT TRANSITION
- 5 THE COURT UNDER COMMON LAWYERS
- 6 THE EVOLUTION OF THE ACTION in rem
- CONCLUSION
- Bibliography
- Index of Subjects
- Index of Persons
5 - THE COURT UNDER COMMON LAWYERS
Published online by Cambridge University Press: 07 October 2011
- Frontmatter
- Contents
- Preface and Acknowledgments
- List of Admiralty Judges
- Abbreviations and Symbols
- Table of Statutes
- Table of Cases
- Dedication
- INTRODUCTION
- 1 THE ERA OF STOWELL
- 2 THE COURT RESURGENT
- 3 THE FALL OF DOCTORS' COMMONS
- 4 THE GREAT TRANSITION
- 5 THE COURT UNDER COMMON LAWYERS
- 6 THE EVOLUTION OF THE ACTION in rem
- CONCLUSION
- Bibliography
- Index of Subjects
- Index of Persons
Summary
Barely six months after Sir Robert Phillimore's retirement as Admiralty Judge, a sweeping reform of procedure was put into effect. It is doubtful that it was anything more than mere coincidence that the reform should have awaited the departure of the last civilian Judge, for it was applicable to the entire High Court and not limited in effect to the Admiralty Division, but many changes of detail, though few of substance, nonetheless altered procedures in the Admiralty Court.
Of chief importance were the changes regarding the appearance of defendants: while they might yet appear at any time prior to the actual giving of judgment, they did not–if they appeared after the date specified in the writ for appearance–continue to enjoy the benefit of an unrestricted defence, but were denied, save by order of the Judge in exceptional cases, any extensions of time. It is also of interest to note a specific requirement that notices of appearances entered in Admiralty actions should thenceforward be given by the Central Office to the Admiralty Registry, indicating perhaps that this had not always been done in the past, to the possible detriment of proceedings in the Admiralty Court. In specifically preserving the earlier summary procedure in collision causes by which the Judge might open the Preliminary Acts and hear evidence without the filing of any pleadings, it was required that any party intending to offer the defence of compulsory pilotage thereafter give notice to that effect at least two days prior to the opening of the Acts.
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- Publisher: Cambridge University PressPrint publication year: 1971