HL Deb 26 July 1897 vol 51 cc1057-62

ARBITRATION.

The following provisions shall apply for settling any matter which, under this Act, is to he settled by arbitration:—

  1. (1.) If any committee, representative of an employer or employers, and his or their workmen exists with power to settle matters under this Act in the case of the employer and workmen, the matter shall, unless either party objects. by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to an arbitrator.
  2. (2.) If either party so objects, or there is no committee, or the committee fails to settle the matter within three months from the date of the claim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agreement, by the County Court Judge of the district in which the accident accurred, according to the procedure prescribed by rules of Court, or if in England the Lord Chancellor certifies that, under the circumstances of the particular district, it is not convenient that the County Court Judge should be called upon to act as arbitrator, by a single arbitrator appointed by such County Court Judge.
  3. (3.) In cases in which the County Court Judge or an arbitrator appointed by him is the arbitrator, the workman, or some person on his behalf. may deliver to the Registrar of the County Court of the district in which he resides a statement of the nature of his claim, with his name and address and that of the employer, and it shall he the duty of the Registrar to give notice of the said claim to the employer, and to make the necessary arrangements for the arbitration, and give notice thereof to both parties, and all such claims may be amended by the arbitrator on such terms as to adjournment or otherwise as 1058 he thinks just, in order that the questions in dispute may be disposed of.
  4. (4.) Any arbitrator appointed by the County Court Judge shall be paid out of money to be provided by Parliament in accordance with regulations to be made by the Treasury.
  5. (5.) The Arbitration Act 1889 shall not apply to any arbitration under this Act; but an arbitrator may, if he thinks fit, submit any question of law for the decision of the County Court Judge, and the decision of the Judge on any question of law, either on such submission, or in any case where he himself acts as arbitrator under this Act, shall be final, unless within the time and in accordance with the conditions prescribed by rules of court either party appeals to the Court of Appeal; and the County Court Judge, or the arbitrator appointed by him, shall, when sitting as arbitrator, have the same powers of procuring the attendance of witnesses and the production of documents as if the claim for compensation had been made by plaint in the County Court.
  6. (6.) In any arbitration under this Act any party may appear by any person duly appointed on his behalf.
  7. (7.) The costs of the arbitration shall he in the discretion of the arbitrator. The costs, whether before an arbitrator or in the County Court, shall not exceed the limit prescribed by rules of court.
  8. (8.) Where the amount of compensation under this Act shall have been ascertained, or any weekly payment varied, or any other matter decided, under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent by the said committee or arbitrator, or by any party interested, to the Registrar of the County Court for the district in which any person entitled to such compensation resides, who shall, on being satisfied as to its genuineness, record such memorandum in a special register without charge, and thereupon the said memorandum shall for all purposes be enforceable as a County Court Judgment. Provided that the County Court Judge may at any time rectify such register.
  9. (9.) The duty of a County Court Judge under this Act shall, subject to rules of court, be part of the duties of the County Court, and the officers of the court shall act accordingly.
  10. (10.) No court fee shall be payable by any party in respect of any proceeding under this Act in the County Court prior to the award.
  11. (11.) Any sum awarded as compensation shall be paid on the receipt of the person entitled, and his solicitor or agent shall not be entitled to recover from him, or to claim a lien on the said sun awarded for any costs except such as have been awarded in the arbitration.
  12. (12.) The Secretary of State may appoint legally qualified medical practitioners for the purposes of this Act, and any committee, arbitrator, or Judge may, subject to regulations made by the Secretary of State and the Treasury, appoint any such practitioner to report on any matter which seems material to any question arising in the arbitration; and the expenses of any such medical practitioner shall, subject to Treasury regulations, he paid out of moneys to be provided by Parliament.
    13. 1059
  13. (13.) In the application of this Act and this schedule to Scotland—
    1. (a) "Sheriff" shall be substituted for "County Court Judge," "Sheriff Court'' for "Registrar of the County Court," and "act of sederunt" for "rules of court."
    2. (b) Any award or agreement as to compensation under this Act may be competently recorded for execution in the hooks of Council and Session or Sheriff Court books, and shall be enforceable in like manner as a recorded decree arbitral.
    3. (c) Any application to the Sheriff as arbitrator shall be heard, tried, and determined in the manner provided by the fifty-second section of the Sheriff Courts (Scotland) Act 1876, save only that parties may be represented by any person authorised in writing to appear for them, and subject to the declaration that it shall be competent to either party within the time and in accordance with the conditions prescribed by act of sederunt to require the Sheriff to state a case on any question of law determined by him, and his decision thereon in such case may be submitted to either division of the Court of Session, who may hear and determine the same finally, and remit to the Sheriff with instruction as to the judgment to be pronounced.
  14. (14.) In the application of this schedule to Ireland the expression "County Court Judge" shall include the Recorder of any city or town.
  15. (15.) Paragraphs five and eight of this schedule shall not apply to Scotland.

Amendments made: In Sub-section (1) leave out "or employers."

Leave out "or their."

Leave out "an arbitrator" and insert "arbitration as hereinafter provided."

In Sub-section (2), after "Committee" insert "so refers the matter or."—(Lord Belper.)

THE EARL OF DUNRAVEN

said there seemed to be something rather incongruous in regard to the right of appeal. The parties had no right of appeal on a point of law from the arbitrator who was appointed by the County Court Judge, but they had a right of appeal on a point of law from the County Court Judge himself. It appeared from that that the person to whom authority was delegated was in a, superior position to the person who delegated the authority.

THE LORD CHANCELLOR

said it was a matter with which lawyers were familiar. If they took an arbitrator, they took him whether his law was good or bad. If, on the other hand, they went to a regular tribunal, he was hound to decide according law, and that was the reason why there was a right of appeal.

THE EARL OF DUNRAVEN

But if he acts as arbitrator?

THE LORD CHANCELLOR

If the County Court Judge is acting as arbitrator his award is final.

THE EARL OF DUNRAVEN

did not think that according to the Schedule that was so.

LORD BELPER

The words had to ho altered.

Amendments made: Leave out "of the district in which the accident occurred."

Leave out— certifies that under the circumstances of the particular district it is not convenient that the County Court Judge should be called upon to act as arbitrator, and insert "so authorises, according to the like procedure."

Leave out Sub-section (3).

In Sub-section (4) after "Judge" insert shall, for the purposes of this Act, have all the powers of a County Court Judge and.

In Sub-section (5) leave out "acts as arbitrator" and insert "settles the matter."

Before "court" insert "the supreme."

Leave out "when sitting as arbitrator" and insert "for the purpose of an arbitration under this Act."

In Sub-section (6) after "may" insert "subject to rules of court."

In paragraph (7), after "costs of" insert "and incident to."

After "arbitration" insert "and proceedings connected therewith."

After "court" insert "and shall be taxed in manner prescribed by those rules.

At end of Sub-section (8) insert— where any matter under this Act is to be done in a County Court, or by, to, or before the Judge or Registrar of a County Court, then, unless the contrary intention appear, the same shall, subject to rules of court, be done in, or by, to, or before the Judge or Registrar of the County Court of the district in which all the parties concerned reside, or if they reside in different districts, the district in which the accident out of which the said matter arose occurred, without prejudice to any transfer in manner provided by rules of court.

In Sub-section (9), after "Act" insert "or of an arbitrator appointed by him".

After "accordingly" insert— and rules of court may be made both for any purpose for which this Act authorises rules of court to be made, and also generally for carrying into effect this Act so far as it affects the County Court or an arbitrator appointed by the Judge of the County Court, and proceedings in the County Court or before any such arbitrator."—(Lord Belper.)

LORD HERSCHELL

said there was a point which, he thought, needed some attention. A solicitor or agent was not to be entitled to recover or claim a lien for any costs except such as had been awarded at the arbitration. He was not sure he knew what that meant. There was nothing with which it seemed to fit. Sub-section (11) dealt with the costs of the arbitration, and it left the costs in the discretion of the arbitrator, but they were not to exceed the limit prescribed by the rules of court. Suppose he said that each party was to pay his own costs, he did not award any costs and the person employed could not recover any costs except those awarded. Be thought the words "awarded in the arbitration" had crept in by oversight. He would, however, be quite content to have the matter looked into by Report.

Amendments made: In Sub-section (13) leave out "entitled" and insert" to whom it is payable under any agreement or award."

In Sub-section (13) leave out "this Act and."

In Sub-section (13), paragraph (a), leave out the third "court" and insert "clerk."

In paragraph (b) leave out "award or agreement as to compensation under this Act," and insert "memorandum referred to in paragraph eight of this Schedule."

At end of paragraph (c) insert "Paragraph five of this Schedule shall not apply to Scotland."

Leave out "Paragraphs five and eight of this Schedule shall not apply to Scotland."—(Lord Belper.)

Second Schedule, as amended, ordered to stand part of the Bill.

Standing Committee negatived; The Report of Amendments to be received on Thursday next; and Standing Order No. XXXIX. to be considered in order to its being dispensed with; and Bill to be printed as amended.—(No. I85.)