Page:Halsbury Laws of England v1 1907.pdf/689

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References by Consent out of Court.

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Sect. 9. umpire to state in the form of a special case a question of law that has arisen in the course of the reference, it not infrequently Special Case happens that the parties agree that in lieu of such an order being for Opinion Cou rt, made the arbitrator or umpire shall state his award in the form of a special case and where an application is made to set aside an award, the Court sometimes remits the matter to the arbitrator or umpire with a direction to him to state a special case (It) and sometimes the submission itself provides that the award shall be stated in Where the submission contains such a the form of a special case. provision, the arbitrator or umpire is bound to state his award in the form of a special case (?), and should he fail to do so, the Court would no doubt set his award aside.



982. In stating his award in the form of a special case, it is the Form of stateduty of the arbitrator or umpire to state the facts as found by him (k) ment of award and then formulate the questions of law for the opinion of the (.^se. and he should so state the facts and formulate the Court (/) questions of law that when the Court has given its decision on those questions, the final result and effect of his award can be ascertained. If the award is in such a form that, after the decision of the Court on the questions submitted for its opinion has been given, the matter has to go back to the arbitrator in order that he may make his final decision, it is really no more than a special case stated by the arbitrator pending the reference, and will be so regarded by the Court {m). It is no part of the arbitrator's duty to express his own opinion on the questions which by his award he submits to the opinion of the

Court.

983. An award in the form of a special case differs from a special Costs and appeal, case stated pending the reference in that the Court can direct how the costs of the argument {n) are to be borne, and the decision of the Court is appealable (o). An award in the form of a special case is set down for hearing in Hearing, the same way as a special case stated pending the reference (p). Be Montgomery, Jones & Co. and Liehenthal & Co. (1898), 78 L. T. Be Keiglileij, Maxsted & Co. and Durant & Co., [1893] 1 Q. B. 405; Be Qoiiyli and Mayor etc. of Liverpool (1890), 6 T. L. E. 453; Be Kirkleatham Local Board and StocUon etc. Water Board, [1893] 1 Q. B. 375; Staniforth v. Lyall Hocken v. Grenfell (1837), 4 Bing. (n. c) 103. (1830), 4 Moo. & P. 829 (h)

406;



Bradbee v. Christ's Hospital (1842), 4 Man. & G. 714. (A-) North and South Western Junction Bail. Co. y. Assessment Committee of Brentford Union (1888), 13 App. Cas. 592 Ferguson v. Norman (1837), 4 Bing. (n. C.)_52. (l) Bradbee v. Christ's Hospital, supra ; Waller v. Lacy (1840), 1 Man. & Gr. 54 Arnold V. Mayor etc. of Boole (1842), 4 Man. & G. 860. Por forms of award by special case, see Encyclopaedia of Forms, Yol. II., ,

(?)





pp. 196—204. (m) Be Holland Steamship Co. (1906), 23 T. L. R. 59. {n) Re Oonty and Manchester, Sheffield and Lincolnshire Bail. Co., [1896] 2 Q. B. 439, at p. 450 ; and Bortishead'etc. Co. v. Bristol etc. Co., [1887] W. N. 75. (o) Be Kirkleatham Local Board and Stockton etc. Water Board, supra; and compare Bhodes v. Airedale Commissioners (1876), 1 C. P. D. 402, and Be Bidder and North Staffordshire Bail. Co. (1878), 4 Q. B. D. 412. {p) In the King's Bench. Division the argument of an award in the form of a special case is heard by a single judge, whereas a special case stated pending the reference is argued before a Divisional Court consisting of two or three judges, .

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