Page:Halsbury Laws of England v1 1907.pdf/710

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Arbitration.

488 Sect.

3.

References for Trial.

Who may make

order.

inherent jurisdiction of the Court, and amounts to a submission to arbitration

(n).

The order for reference may be made by a judge or Master in chambers upon an application by summons (o), or by a judge at any stage of a trial before him. An appeal lies to the Court of Appeal from an order of reference for trial made by a judge at the trial (p) or in

chambers

Sub-Sect. To



2.

(q).

To luJwm the Reference may

he

made.

1006. The reference may be made to an official referee or Master (r) or other officer of the Court (s), or to a special referee or arbitrator agreed on by the parties {t). In cases where application is made under the Eules of Court for summary judgment, if the parties consent, an order may be made referring the action to a Master of the Supreme Court (n).

whom

reference

made.

Sub-Sect. Referee an officer of

Court.

Authority.

3.

Poiuers of the Referee or Arbitrator.

1007. The referee or arbitrator is deemed to be an officer of the Court, and has such powers as are prescribed by the Eules of Court, and subject thereto as the Court or a judge may direct (x). Subject to any order made by the Court or judge, he has the same authority in the conduct of the reference as a judge of the High Court {a). He may order discovery and production of documents, and may grant a commission to examine witnesses abroad (b) he may make an order for the inspection of property (c), and for the addition of parties who ought to have been joined (d) and may direct judgment to be entered for any party (e). A referee or arbitrator to whom a reference for trial is ordered has no power to commit any person to prison, or to enforce any order by attachment or otherwise (/).

No power commit.

to

See p. 482, ante ; Darlington Wagon Co., Ltd. v. Harding and the Trouville Pier and Steamhnat Co., Ltd., [1891] 1 Q. B. 245. (o) E.S. C, Ord. 54, r. 12a. Hoch V. Boor (1880), 43 L. T. 425. The Coui't of Appeal will not interfere with the judge's discretion unless it is clear that it has been wrongly exercised {Ormerod v. Todmorden Mill Co. (1882), 8 Q. B. D. 664 Case v. Willis (1892), 8 T. L. E. 610). (q) Judicature Act, 1894 (57 & 58 Yict. c. 16), s. 1 (4). (r) As to appeal on a reference to a Master, see p. 492, post. Is) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 14. (t) The Court cannot refer a cause or matter to a special referee without such consent {London and Lancashire Fire Lnsarance Co. v. The British America Assurance Co. (1885), 52 L. T. 385, decided on E. S: C, Ord. 36, r. 7). (u) E. S. C, Ord. 14, r. 7. {x) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (1) E. S. C, Ord. 36,

^



rr.

48, 49, 50. (a)

See p. 484, ante.

Hayward

There v. Mutual Reserve Association, [1891] 2 Q. B. 236. appeal to the judge against an interlocutory order of the official referee. (c) Macalpine & Co. v. Calder & Co., [1893] 1 Q. B. 545. {d) Byrne v. Brown (1889), 22 Q. B. D. 657. (e) E. S. C, Ord. 36, rr. 50, 55b, 55c. .(/) E. S. C, Ord. 36, r. 51. (b)

is

an