ABSTRACT

References are discretionary 9.2 There is no rule that the assessment of damages must be referred1 and to avoid

expense the court will refrain from ordering a reference if it can satisfactorily dispose of the question,2 such as where the issue of damages is straightforward and does not require detailed consideration of evidence. In deciding whether or not to order a reference the court will consider whether the matter can best be dealt with (from the point of view of cost and convenience) by the court at the hearing (with the assistance of the nautical assessors, if appointed) or by the Registrar subsequently.3 Thus for example where a ship sinks following a collision and an issue is raised as to whether the losses arising from the sinking are consequent upon the collision or whether the chain of causation has been broken, it will often be more convenient for this issue to be determined at trial rather than being referred.4 The decision on how Admiralty business is allocated as between Judge and Registrar is a matter of pragmatic case management.5 It is not uncommon for the Admiralty Registrar to hear high value and legally complex cases.6 The Registrar has all the powers of the Admiralty Judge except where a rule or practice direction provides otherwise. It should be noted that the Registrar may refuse costs to a party who unnecessarily requests a reference.7