Page:Halsbury Laws of England v1 1907.pdf/712

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Arbitration.

490 Sect.

3.

References for Trial.

the decision of the referee or arbitrator {q), and such decision may be questioned on the same grounds as the verdict of a jury, it is not usual on such a reference to invoke the power of stating a special case for the opinion of the Court. Sub-Sect.

Decision of official

The Decision of

the Referee or Arbitrator.

1011. Where the referee is an official referee or some other the Court, he usually announces his decision orally in the presence of the parties, stating, so far as he thinks fit so to do (r), the findings of fact on the evidence placed before him and the principles of law which he considers applicable to the facts so found. He directs how judgment is to be entered, and judgment is then entered in accordance with the direction so given by him (s). officer of

referee.

Decision of special referee or arbitrator.

Effect of decision.

Where

7.

costs

are to abide event, separate findings

on each

issue.

Where

the reference

is

to

a

special referee or arbitrator, a

procedure is usually adopted. The special referee or arbitrator does not as a rule announce his decision in the presence of the parties, but formulates it in an award, resembling in all respects an award made by an arbitrator or umpire on a submission to arbitration out of Court, except that it directs how the judgment in the cause or matter wherein the order of reference was made should be entered. The decision of the referee, whether he be an official referee, or some other officer of the Court, or a special referee or arbitrator, and whether it be announced orally to the parties or be expressed in the form of an award, is equivalent to the verdict of a jury (t) that is to say, it has the same legal effect, and may be enforced in the same way (u) or set aside on the same grounds, as a verdict of a jury {v). It is the duty of the referee to direct how judgment should be entered {x). If the order of reference directs that the costs shall abide the event, the referee should decide each issue and give separate findings thereon because the word ''event" must, where there are separate issues, be construed distributively (y). different



Sub -Sect.

8.

— Costs

of the Reference, including the Remuneration of the Referee or Arbitrator.

Costs.

1012. The order of the Court or judge directing the reference deal with the costs {z) when no directions are given as to costs, or subject to such directions, if any, the referee has the same discretion as to the costs of the reference as the Court or judge

may



See

p. 481, ante, Miller v. Filling (1882), 9 Q. B. D. 736. Master gives a certificate of the effect of the finding and directs judgment to be entered, (s) E. S. C, Ord. 40, r. 2. Carr Brothers v. (t) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (2) Dougherty (1898), 67 L. J. (q. b.) 371. Por forms of award on a reference, see Encyclopaedia of Eorms, Yol. II., pp. 180—189. (u) Glasbrook v. Owen (1890), 7 T. L. E. 62. {v) Longman v. East (1877), 3 C. P. D. 142, jjer Brett, L.J., at p. 155. {x) E. S. C, Ord. 40, r. 2. Lund v. Campbell (1885), 14 (y) Ellis V. Desilva (1881), 6 Q. B. D. 521 Q. B. D. 8^1. (2) Arbitration Act, 1889 (52 & 53 Yict. c. 49), s. 20. {q) (r)

A