SARANDIS v. P. WIGHAM-RICHARDSON & CO., LTD., AND OTHERS.
(1950) 84 Ll.L.Rep. 188
COURT OF APPEAL.
Before Lord Justice Asquith, Lord Justice Singleton and Lord Justice Jenkins.
Practice-Award-Enforcement as order of Court-Nature of award-Action for an account commenced in King's Bench Division-Settlement of action- Terms of settlement that action be stayed; that an account be taken, as between plaintiff, defendants and others not parties to the action,
without delay before a Special Referee to be agreed or in default of agreement to be appointed by the Court . . . .
Any decision or award given or made by the Special Referee . . . . shall be made an order of the Court and all parties hereto shall by the execution of this agreement be deemed to have consented to such order being made . . . .
Liberty to apply.
Special Referee appointed by agreement between parties-Award not taken up-Motion by defendants that award be made order of Court under Sect. 12 of Arbitration Act, 1889, upheld by Master Grundy and on appeal by Finnemore, J.-Appeal by plaintiff- Contention that wrong procedure had been adopted, in that the award was in fact a report of a Special Referee appointed by the Judge under Sect. 88 of the Supreme Court of Judicature (Consolidation) Act, 1925, and that an appeal lay to the Divisional Court- Arbitration Act, 1889, Sect. 12- Supreme Court of Judicature (Consolidation) Act, 1925, Sects. 88, 89-R.S.C. Order 59
A, r. 1.
Costs-Respondents represented by two firms of solicitors, who were instructed to give effect to terms of settlement- Same Counsel briefed by both firms- Respondents' right to two sets of costs.