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41.1 Where

(a) the parties agree; or

(b) the court considers that the claim requires -

(i) prolonged examination of documents; or

(ii) scientific or local investigation which cannot

conveniently be carried out by the court; or

(c) the matters in dispute are wholly or mainly a matter of

account,

the court may order the claim or any issue or allegation to be tried by a referee.

Reference to referee for inquiry and report

41.2 The court may refer to a referee for inquiry and report any

question or issue of fact arising in a claim.

Appointment of referee

41.3 (1) The general rule is that the appointment of a referee under rule

41.1 or 41.2 must be made at a case management conference or

pre-trial review.

(2) The referee shall be such person as may be agreed by the

parties or, if they fail to agree, by the court.

(3) The court must state the question or issue upon which the

referee is to report.

(4) The court must decide -

(a) what fee is to be paid to the referee; and

(b) by whom.

(5) This does not affect any decision as to the party who is

ultimately to bear the referee's fee.

Powers of referee

41.4 (1) For the purpose of his inquiry the referee has the

same powers as the court (other than the power to commit)

(2) The trial or inquiry must so far as possible be conducted in

the same way as a trial by the court.

(3) The referee may hold the trial or conduct the inquiry at any

place which appears to him to be convenient to the parties.

(4) If a person served with a witness summons to appear before

a referee -

(a) fails to attend; or

(b) refuses to be sworn or affirm for the purposes of the inquiry; or

(c) refuses to answer any lawful question or produce any document at the inquiry

the examiner must sign and file a certificate of his failure or refusal.

(5) Any party may apply to the court for an order requiring the

witness to attend, or to be sworn or affirmed, or answer any

question or produce any document as the case may be.

(6) An application for an order under this rule may be made without

notice but must be supported by evidence -

(a) of service of the witness summons; and

(b) that the person served with the witness summons was

paid or offered the payments required by rule 34.7.

(7) Such an order must be served personally on the witness and be endorsed with a notice in accordance with rule 53.3(b).

(8) A person who wilfully disobeys an order made against him under paragraph (5) is guilty of contempt of court.

(9) The court may order the person against whom an order is made under this rule to pay any costs resulting from his failure or refusal.

(Part 53 deals with the procedure to apply to commit a person for contempt of court)

Report following reference

41.5 (1) The report of the referee appointed under rule 41.2 shall be

made to the court.

(2) The referee must supply a copy of the report to each party.

(3) The referee may in his report -

(a) submit any question for the decision of the court; or

(b) make a special statement of facts from which the court may draw inferences.

Consideration of report by the court

41.6 (1) Upon receipt of the report, the court office must fix a date time

and place to consider it.

(2) The court office must give 14 days notice to the parties of such

consideration

(3) The court may -

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

(b) vary the report; or

(c) ask the referee to explain any part of the report; or

(d) remit any question or issue for further consideration;

or

(e) decide the question or issue on the evidence taken by the referee; or

(f) direct that additional evidence be given to the court.

Restrictions on appointment of referee in proceedings by or against the State

41.7 In proceedings by or against the State no appointment of a referee

under rule 41.1 or 41.2 may be made without the consent of the

Attorney General.