The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 36 TRIALS BEFORE MASTERS AND REFEREES UNDER s.20 OF ARBITRATION ACT (NORTHERN IRELAND) 1937

Power to order trial before master or referee

1.  In any cause or matter, other than a criminal proceeding by the Crown, if the question in dispute consists wholly or in part of matter of account, the Court may at any time pursuant to section 20 of the Arbitration Act (Northern Ireland) 1937(1) order the whole cause or matter or any question or issue of fact arising therein to be tried, without prejudice to Orders 43 and 44, before a master or before a referee or arbitrator respectively agreed on by the parties (all of whom are hereinafter referred to as the “referee”).

[E.r. 1]

Procedure on reference

2.  Where an order for the trial of any question or issue of fact is made under rule 1, unless the court otherwise orders, further consideration of the cause or matter shall stand adjourned until the receipt of the referee's report.

[E.r. 2]

Lodgment of order under rule 1

3.  Every order made under rule 1 shall forthwith be lodged with the referee who shall within 14 days thereafter fix the date of the trial after consultation with the parties or their solicitors.

Report on reference

4.—(1) The report made by a referee in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

(2) The referee may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On the receipt of the referee's report, the Court may—

(a) adopt the report in whole or in part;

(b) vary the report;

(c) require an explanation from him;

(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other referee; or

(e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.

(4) When the report of the referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing of the Court of the further consideration of the cause or matter, after giving not less than 4 days notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(5) Where on a reference under rule 1 the Court orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the referee's report, the order may contain directions with respect to the proceedings on the receipt of the report, and the foregoing provisions of this rule shall have effect subject to any such directions.

[E.r. 3]

Powers; etc. of referee

5.—(1) Subject to any directions contained in the order referring any business to a referee—

(a) the referee shall for the purpose of disposing of any cause or matter (including any interlocutory application therein) or any other business referred to him have the same jurisdiction, powers and duties (excluding the power of committal) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit in the like cases, in the like manner and subject to the like limitations; and

(b) every trial and all other proceedings before a referee shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1), but subject to any such directions as are mentioned therein, a referee before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person, and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly.

(3) A referee may hold any trial or any other proceeding before him at any place which appears to him to be convenient and may adjourn the proceedings from place to place as he thinks fit.

[E.r. 4]

(1)

1937 c. 8 (N.I.)