Law library · Sierra Leone · The Commercial and Admiralty Court Rules, 2020
Section 6, The Commercial and Admiralty Court Rules, 2020
Status not yet checkedThe Commercial and Admiralty Court Rules, 2020, Sierra Leone
(1) The Chief Justice may appoint 20 suitably qualifiedpersons to serve as assessors.
(2) The Registrar shall record the names of all the assessors
in a register kept for that purpose.
(3) Notwithstanding Rule 6 of Order 39 of the High Court
Rules, 2007 where the trial Judge finds it necessary that the trial should
be conducted with the aid of assessors, the Chief Justice shall select
assessors from the register referred to in sub-rule (2)
(4) The parties to a claim shall consent to the assessors
selected by the Chief Justice under sub-rule (3).
(5) A party to a claim may, before or during the trial, object
to any assessor and the Judge shall forthwith rule on the objection.
(6) An assessor may state his opinion on a matter at the
end of the trial but the opinion shall not be binding on the Judge.
(7) Where an assessor has an interest in any matter, he
shall disclose such interest to the Judge and the Judge shall determine
whether or not the assessor shall recuse himself from the matter.
(8) A trial of a cause or action with the aid of assessors
shall be conducted with not less than 2 assessors who shall be
specifically knowledgeable in the field concerning the cause or matter.
(9) Where in the course of a trial only one of the
assessors selected is present, the Court may proceed and conclude
the trial with the single assessor.
(10) The Chief Justice may remove an assessor on any of
the following grounds -
(a) for his inability to perform the functions of
his office by reason of infirmity of mind or
body;
(b) for proven misconduct;
(c) if he becomes bankrupt or insolvent;
(d) if he is convicted and sentenced for an
offence involving fraud or dishonesty;
(e) if he fails to attend three consecutive
meetings of assessors without reasonable
cause; or
(f) if he resigns his office by written notice to
the Chief Justice.
(11) Assessors shall be paid such remuneration as may be
determined by the Chief Justice.
PART IV - INSTITUTION OF PROCEEDINGS AND OTHER
RELATED MATTERS
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