Paragraph 11
England and Wales
Subject to sub-paragraphs (2) and (3) below, any person who—
having been summoned in pursuance of county court rules as a witness in the arbitration refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced, or
having been so summoned or being present at the arbitration and being required to give evidence, refuses to be sworn or give evidence,
shall forfeit such fine as the judge of the county court may direct.
A judge shall not have power under sub-paragraph (1) above to direct that a person shall forfeit a fine of an amount exceeding £10.
No person summoned in pursuance of county court rules as a witness in the arbitration shall forfeit a fine under this paragraph unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed by county court rules, compensation for loss of time) as may be so prescribed for the purposes of section 55 of the M1County Courts Act 1984.
The judge of the county court may at his discretion direct that the whole or any part of any such fine, after deducting costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.
Annotations
Marginal citations
- M1
Notes on Schedule 11
Textual amendments
- F1
Sch. 11 repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 9(1), Sch. 2 (with art. 10)