County Courts Act 1984

Mode of trial E+W

62 General power of judge to determine questions of law and fact. E+W

Subject to the provisions of this Act and of [F1 rules of court], the judge of a county court shall be the sole judge in all proceedings brought in the court, and shall determine all questions of fact as well as of law.

Textual Amendments

F1 Words in s. 62 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

63 Assessors. E+W

(1) In any proceedings the judge may, if he thinks fit F2 . . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the judge and act as assessors.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsection (4), the remuneration of assessors for sitting under this section shall be [F4 determined by the judge] and shall be costs in the proceedings unless otherwise ordered by the judge.

(4) Where one or more assessors are summonedfor the purposes of [F5 assisting the judge in reviewing the taxation by the district judge of the costs of any proceedings] the remuneration of any such assessor—

(a) shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury; and

(b) shall be payable out of moneys provided by Parliament.

(5) Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

Textual Amendments

F2 Words in s. 63(1) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(i); S.I. 1998/3132

F3 S. 63(2) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(ii); S.I. 1998/3132

F4 Words in s. 63(3) substituted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(iii); S.I. 1998/3132

F5 Words in s. 63(4) substituted (26.4.1999) by S.I. 1999/2940, arts. 1, 6(d)(iv); S.I. 1998/3132

Modifications etc. (not altering text)

C1 S. 63(1) modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 10, Sch. 2 paras. 5(6), 15

64 Reference to arbitration. E+W

(1) [F6 Rules of court]—

(a) may prescribe cases in which proceedings are (without any order of the court) to be referred to arbitration, and

(b) may prescribe the manner in which and the terms on which cases are to be so referred, and

(c) may, where cases are so referred, require other matters within the jurisdiction of the court in dispute between the parties also to be referred to arbitration.

(2) [F6 Rules of court]—

(a) may prescribe cases in which proceedings may be referred to arbitration by order of the court, and

(b) may authorise the court also to order other matters in dispute between the parties and within the jurisdiction of the court to be so referred.

[F7 (2A) [F6 Rules of court] may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.]

(3) On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the judge.

(4) The judge may, if he thinks fit, on application made to him within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

(5) In this section “award” includes an interim award.

Textual Amendments

F6 Words in s. 64 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F7 S. 64(2A),(2B) added by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 6

65 Power of judge to refer to registrar or referee. E+W

(1) Subject to [F8 rules of court], the judge may refer to the registrar or a referee for inquiry and report—

(a) any proceedings which require any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the judge, conveniently be made before him;

(b) any proceedings where the question in dispute consists wholly or in part of matters of account;

(c) with the consent of the parties, any other proceedings;

(d) subject to any right to have particular cases tried with a jury, any question arising in any proceedings.

(2) In such cases as may be prescribed by, and subject to, [F8 rules of court] the registrar may refer to a referee for inquiry and report any question arising in any proceedings.

(3) Where any proceedings or question are referred under subsection (1) or (2), the judge or, as the case may be, the registrar may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

(4) The judge may, after deciding or reserving any question of liability, refer to the registrar any mere matter of account which is in dispute between the parties and, after deciding the question of liability, may give judgment on the registrar’s report.

Textual Amendments

F8 Words in s. 65 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2), S.I. 1997/841, art. 3(b), 4(c)