The Civil Procedure Rules Part 27: Small Claims

The Civil Procedure Rules (or CPR) govern the procedures relating to civil court hearings in England and Wales in the Court of Appeal, the High Court of Justice and the County Courts. Part 27 of the CPR deals with the procedure of cases in the small claims track, (the part of the county court that deals with small claims.)

Rule 27.1

Limits the financial amount of the claims that can be heard in the small claims court to £5,000, or in the case of personal injury claims, the part of the claim relating to personal injury cannot be above £1000. Similarly, if the case relates to a claim by a tenant against their landlord the estimated cost for the repairs cannot exceed £1000, and the value of any other claim under the proceedings also cannot exceed £1000.

Rule 27.2

Provides a list of rules in other parts of the CPR that do not apply to small claims.

Rule 27.3

The court has the power in the small claims court to grant a ‘final remedy’, as it would also have in the fast track or multi track.

Rule 27.4

This provides the procedure for the court’s duties after the case has been allocated to the small claims track. The court can give standard or special directions, fix a preliminary hearing or decide to deal with the case without a full hearing. If a full hearing is necessary, both sides will have at least 21 days’ notice of the hearing, and will also be told of the amount of time that the hearing is estimated to take.

Rule 27.5

Experts are not allowed to give evidence in small claims hearings without the prior permission of the court. This applies to both written and oral evidence.

Rule 27.6

The court may hold a preliminary hearing if special directions are needed, and if a party is required to come to court to ensure compliance with those directions. Alternatively, the court can strike out a claim or part of a claim, or dispose of a case quickly that it considers has no real prospect of succeeding (this doesn’t just apply to the claimant, but to the defendant as well.)

Rule 27.8

The court has full control over the directions it issues, and can amend directions, add to them, or revoke them.

Rule 27.8

This rule provides for the court’s conduct during the hearing, including giving a requirement for reasons to be given for the court’s decision in determination of the hearing. Small claims hearings are flexible in their approach, and may ‘adopt any method of proceeding at a hearing that it considers to be fair.’ This means that the rules of evidence are relaxed and evidence does not have to be taken on oath. The court has the power to limit cross-examination.

Rule 27.9

This provides what will happen in the event that one or more parties does not attend the hearing. If a party writes to the court, giving at least seven days notice in writing of the intention not to attend (and as long as he or she has served all the documents upon which he or she intends to rely on the other side, at least seven days before the hearing date) the court will consider their case on the papers alone.

If a defendant not attend nor give notice of his or her non-attendance, and then does not attend the hearing the court may decide the case on the claimant’s evidence alone. If neither party attends, the court can strike out the claim, any defence and any counter claim.

Rule 27.10

There is the option to have the case dealt with, without a hearing – but only if all parties agree.

Rule 27.11

If a party does not attend a hearing (or is not represented at a hearing), and has not provided written notice of his or her intention not to attend under rule 27.9 above, he or she may apply to have the judgment set aside, as long as the application is made within 14 days after they have received notice of the judgment. If a judgment is set aside a new hearing date will be set.

Rule 27.14

This rule deals with costs, and the limitations on the award of costs in the small claims court.

Rule 27.15

Where a case is allocated to another track from the small claims track, the above rule 27.14 (regarding limitation on costs) ceases to apply.