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A reconsideration of the prima facie case
The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what shou...
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| Format: | Thesis |
| Language: | English |
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Shipping Law Unit
2016
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| _version_ | 1867613161894445056 |
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| access_status_str | Open Access |
| author | Fitzgerald, Patrick |
| author2 | Bradfield, Graham |
| author_browse | Bradfield, Graham Fitzgerald, Patrick |
| author_facet | Bradfield, Graham Fitzgerald, Patrick |
| author_sort | Fitzgerald, Patrick |
| collection | Thesis |
| description | The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/18590 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:45.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Shipping Law Unit |
| publisherStr | Shipping Law Unit |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/18590 A reconsideration of the prima facie case Fitzgerald, Patrick Bradfield, Graham Shipping Law The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent. 2016-04-05T11:39:07Z 2016-04-05T11:39:07Z 2013 Master Thesis Masters LLM http://hdl.handle.net/11427/18590 eng application/pdf Shipping Law Unit Faculty of Law University of Cape Town |
| spellingShingle | Shipping Law Fitzgerald, Patrick A reconsideration of the prima facie case |
| thesis_degree_str | Master's |
| title | A reconsideration of the prima facie case |
| title_full | A reconsideration of the prima facie case |
| title_fullStr | A reconsideration of the prima facie case |
| title_full_unstemmed | A reconsideration of the prima facie case |
| title_short | A reconsideration of the prima facie case |
| title_sort | reconsideration of the prima facie case |
| topic | Shipping Law |
| url | http://hdl.handle.net/11427/18590 |
| work_keys_str_mv | AT fitzgeraldpatrick areconsiderationoftheprimafaciecase AT fitzgeraldpatrick reconsiderationoftheprimafaciecase |