Subject to the provisions of this Act and of county court rules, 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.
[F1(1)In any proceedings the judge may, if he thinks fit on the application of any party, 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.
(2)For the purpose of assisting the judge in reviewing the taxation by the registrar of the costs of any proceedings, the power conferred by subsection (1) shall be exercisable by the judge without any application being made by any party to the proceedings.]
[F1(1)In any proceedings a judge may, on the application of a party to the proceedings, summon to his assistance one or more persons–
(a)of skill and experience in the matter to which the proceedings relate; and
(b)who may be willing to sit with him and act as assessors.
(2)In any proceedings prescribed for the purposes of this subsection a judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2A)In any proceedings prescribed for the purposes of this subsection a district judge may, on the application of a party to the proceedings, summon to his assistance one or more such persons.
(2B)In any proceedings prescribed for the purposes of this subsection a district judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2C)The summons shall be made in such manner as may be prescribed.]
(3)Subject to subsection (4), the remuneration of assessors for sitting under this section shall be at such rate as may be prescribed and shall be costs in the proceedings unless otherwise ordered by the judge.
[F2(4)Where one or more assessors are summoned [F3for the purposes of subsection (2)](otherwise than on the application of a party to the 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.]
[F2(4)In such cases as may be specified by order made by the Lord Chancellor with the consent of the Treasury, the remuneration of any assessor summoned under this section shall be paid, at such rate as may be so specified, out of money provided by Parliament.
(4A)Any power to make an order under subsection (4) shall be exercisable by statutory instrument subject to annulment by resolution of either House of 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
F1S. 63 subsections (1) (containing paras. (a) and (b)) to (2c) substituted (prosp.) for original subsections (1) and (2) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 14(2), 124(3)
F2S. 63 subsections (4) and (4A) substituted (prosp.) for subsection (4) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 14(3), 124(3)
F3Words repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20
Modifications etc. (not altering text)
C1S. 63(1) modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 10, Sch. 2 paras. 5(6), 15
(1)County court rules—
(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)County court rules—
(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.
[F4(2A)County court rules 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
F4S. 64(2A),(2B) added by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 6
(1)Subject to county court rules, 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, county court rules 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.