County Courts Act 1984

63 Assessors. E+W

[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 [F3 for 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

F1 S. 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)

F2 S. 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)

F3 Words 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)

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