An English court which is part of the Queen's Bench Division of the High Court. Its work deals with maritime claims in civil law, such as salvage and collisions at sea. The commercial court deals with other types of cases, such as those involving marine insurance. In the USA, the federal district courts exercise jurisdiction over maritime actions. In Scotland, the Court of Session and the Sheriff Court have jurisdiction over such matters.
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.
Admiralty Courts in Wales and England
Today Admiralty jurisdiction is exercised by the High Court of England and Wales. The admiralty laws which are applied in this court is based upon the civil law-based Law of the Sea, as well as statutory and common law additions. From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.
The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports, which is presided over by the Judge Official and Commissary of the Court of Admiralty of the Cinque Ports. This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex, to Redcliffe, near Seaford, Sussex.
Judge Official and Commissary of the Court of Admiralty of the Cinque Ports
Lieutenant-Commander Gerald Darling, RD MA Oxford DL QC 1979-1996 Hon Sir Henry Barnard, Barrister-at-Law Gray's Inn QC c.1967-1979 NLC Macaskie, QC c.1961 RE Knocker, MBE 1936- Rt Hon Sir Frederick Pollock, Bt Barrister-at-Law Lincoln's Inn FBA QC PC 1914-1936 Rt Hon Sir Robert Phillimore, Bt BA DCL Oxford Advocate Doctors' Commons Barrister-at-Law Middle Temple QC PC 1855-1875 Sir Joseph Phillimore 1809-1855 French Laurence, DCL -1809The jurisdiction of the High Court with respect to admiralty concern salvage and other legal issues which are unique to the sea.
Admiralty Court of Scotland
The Admiralty Court of Scotland, in Edinburgh, was abolished in 1830 (see Lord High Admiral of Scotland).
Role in the American Revolution
During the period after the French and Indian War, Admiralty Courts became an issue that was a part of the rising tension between the British Parliament and their American Colonies.
Maritime jurisdiction in the United States
In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions;
In recent years, some tax protesters in the United States have claimed that any American court displaying an American Flag with a gold fringe is in fact an Admiralty Court and thus has no jurisdiction.
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