The Gibraltar Courts Service
Following the seizure of Gibraltar in 1704 and its cession to the British Crown, the first court to be created by Letters Patent was on the 4 November 1720. This is generally known as the First Charter of Justice. As a conquered territory, the law in Gibraltar theoretically remained Spanish as the First Charter of Justice laid down that the law in civil matters was to be that of Spain. In 1740, the Second Charter of Justice substituted English Law for Spanish Law with the declaration,
"We will that the Laws of England be the measure of Justice between the Parties."
Later an Admiralty Court was created in Gibraltar to deal with shipping cases.
Gibraltar has become a popular place for ship arrests for several key reasons, combining its strategic geographic location with a robust and efficient legal framework.
- Strategic Location
Gibraltar is situated at the entrance to the Mediterranean Sea, a major international shipping lane. Over 70,000 vessels pass through the Strait of Gibraltar each year. This makes it a convenient and effective location for claimants to intercept a vessel that is transiting through the area, as there's a high probability the ship will pass within Gibraltar's territorial waters. The port facilities also offer anchorage for vessels that need to stop for services like bunkering (refueling), crew changes, or repairs. - English Common Law
Gibraltar's legal system is based on English common law, which provides a high degree of certainty and familiarity for international parties. The Supreme Court of Gibraltar has an Admiralty jurisdiction that is essentially the same as the English High Court. - Speed and Efficiency:
The process for arresting a ship in Gibraltar is known for being swift and straightforward. An arrest can be effected very quickly, sometimes within hours, if all the necessary legal documentation is in order. The Supreme Court gives priority to Admiralty matters and the Admiralty Marshal is on call 24/7 to handle such cases. - Experienced Professionals
Gibraltar has a long-standing tradition in maritime law, with experienced lawyers and an Admiralty Marshal who are well-versed in the intricacies of ship arrests and the subsequent judicial sale of vessels. This expertise ensures that the process is handled efficiently, from the initial arrest to the eventual sale. - Clear Process for Sale
The legal system in Gibraltar is set up to handle the judicial sale of arrested vessels quickly, often through a sealed-bids auction. This ensures that the vessel is sold for the highest possible price, which benefits both the owner (by maximizing the amount to pay off debts) and the claimants. - Crew Welfare
The legal process in Gibraltar also places a strong emphasis on the welfare of the crew members caught up in the middle of a ship arrest. Provisions are made for their food, water, and even shore leave while the vessel is detained.
