KubitDocs · Legislation

Civil Procedure Rules 1998 — r.26.9 (scope of each track) and Part 27 (the small claims track)

Provisions the documents cite: r.26.9(1) (small claims track for personal injury and residential repair claims: lower limits), r.26.9(4) (small claims track the normal track for any claim with a value of not more than £10,000), r.26.9(5) (fast track, monetary claims up to £25,000), r.27.1 (scope of Part 27; a small claim), r.27.2 (Parts that do not apply to small claims), r.27.14 (costs on the small claims track), r.27.15 (re-allocation)

What it requires

Subject to the lower limits for personal injury claims and for claims by residential tenants and contract-holders for repairs (r.26.9(1)), the small claims track is the normal track for any claim which has a value of not more than £10,000 (r.26.9(4)); the fast track is the normal track for a monetary claim above that up to £25,000, subject to its further criteria (r.26.9(5)). Part 27 sets out the special procedure for claims allocated to the small claims track and limits the costs that can be recovered; such a claim is called a small claim (r.27.1). Parts 25 (except interim injunctions), 31 (disclosure), 32 (except r.32.1), 33, 35 (except rr.35.1, 35.3, 35.7 and 35.8), 18 (subject to the court's own power), 36 (offers to settle) and 39 (except rr.39.2, 39.8 and 39.9) do not apply to small claims (r.27.2(1)). On the small claims track the court may not order a party to pay another party's costs, fees and expenses except the fixed costs of issuing the claim, court fees paid, expenses reasonably incurred in travelling to and staying away for a hearing, sums not exceeding the amounts in Practice Direction 27A for legal advice on an injunction or specific performance claim, for loss of earnings or leave and for an expert's fees, further costs against a party who has behaved unreasonably, certain protocol fixed costs, and on an appeal the cost of an approved transcript; rejecting a settlement offer is not of itself unreasonable behaviour (r.27.14(2)–(3)). A claim re-allocated to another track attracts that track's costs rules (r.27.15). The Practice Direction 27A amounts are not held in the register.

The instrument itself: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

How this entry is kept current

  • Citation status: read in full at the primary source.
  • Watched by: justice.gov.uk Part 26 and Part 27 page "Updated" dates and the CPR Updates page — check at each monthly horizon scan.
  • Source last checked by the automated scan: not yet — first scan pending.

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The 1 document that cite it

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