The County Court Rules 1981

PART IIREFERENCE FOR INQUIRY AND REPORT

Mode of making order for reference

7.  An order under section 93 of the Act for the reference of any proceedings or questions to the registrar or a referee for inquiry and report may be made—

(a)on an application by any party before the hearing on notice; or

(b)on an application by any party at the hearing; or

(c)at any stage of the proceedings by the court of its own motion.

Registrar's power to make order

8.  An order referring any question arising in any proceedings to a referee for inquiry and report may be made by the registrar if the sum claimed or amount involved in the proceedings does not exceed the sum mentioned in Order 21, rule 5(1)(b), or in any other case with the consent of the parties.

Conduct of reference

9.  Subject to any order as to the conduct of the reference—

(a)the registrar may hold the inquiry at the court house or at the court office or at any place convenient to the parties;

(b)a referee, other than the registrar, may hold the inquiry at any place convenient to the parties;

(c)the registrar or referee may inspect any property or thing concerning which any question may arise;

(d)the attendance of witnesses may be enforced by summons and the inquiry shall be conducted in the same manner, as nearly as circumstances will permit, as if the inquiry were the hearing of an action;

(e)subject to rule 10, the registrar or referee shall have the powers of a judge with respect to discovery and production of documents and in the conduct of the inquiry;

(f)the registrar or referee may submit any question arising in the inquiry for the decision of the court;

(g)the report shall be in writing and filed and—

(i)the proper officer shall give notice to all parties of the filing of the report;

(ii)subject to the right of the referee or any party to appeal to the judge, the registrar shall fix the remuneration of the referee unless it has been agreed;

(iii)upon payment into court by any party of the amount fixed for the remuneration of the referee, without prejudice as to how it shall ultimately be borne, the parties shall be at liberty to inspect the report;

(h)when the report has been filed–

(i)if the further consideration of the proceedings has not been adjourned to a day named, the proper officer shall fix a day and give not less than 10 days' notice thereof to all parties;

(ii)on the day named or fixed any party may apply to the court to adopt the report or, on giving not less than 5 days' notice of his intention to do so, may apply to the court to vary the report or to remit it or any part of it for further inquiry and report, and any such notice shall contain particulars of the variation or remission sought;

(iii)the court may at any time on the application of any party or the referee determine by whom and (if by more than one person) in what proportions the remuneration and expenses of the referee shall be borne, whether or not any payment or deposit has been made for or on account of such remuneration and expenses, and may make all orders and give all directions necessary to give effect to the determination.

Saving for power of committal

10.  Nothing in this Part of this Order shall authorise the registrar or referee to commit any person to prison or to enforce any order by committal.