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.)
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.
Provides a list of rules in other parts of the CPR that do not apply to small claims.
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.
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.
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.
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.)
The court has full control over the directions it issues, and can amend directions, add to them, or revoke them.
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.
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.
There is the option to have the case dealt with, without a hearing – but only if all parties agree.
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.
This rule deals with costs, and the limitations on the award of costs in the small claims court.
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.
I'm the Claimant, the Defendent's solicitor is threatening me unless I withdraw my claim they will apply for an Order that I pay the Defendent's entire costs pursuant to Part 27.14(2)(g) of the Civil Procedure Rules and has quoted a considerable cost too. What's the application procedure for this? Timeline and am I able to comment or does it go straight to the Judge? And if they win can I appeal?
Jones - 3-Oct-19 @ 1:47 PM
Case: B49YP845.Two CC Judgements destroyed by fraudster.
The sum he owes me was £1375, after Court cost £80, Bailiff £80 and two visits from Sheriffs £190 plus other items, I'm now owed £1614.63 .
This man is above the law and Courts in Manchester cannot tell me how to get him in Court.For 18 months I've tried to do this my self, will I have to see a lawyer to a write of law against defendant?
Thanks for your time.
Ron - 11-Aug-17 @ 9:47 PM
Yesterday, 19/02/2017, at 12:00pm, at Kingston County Court hearing, I (the Claimant, litigants in person) sworn in and as I started to give my evidence-in-chief. Suddenly, the defendant`s barrister told the judge that their witness has get a 4:00pm flight and has to leave the court at 2:30pm. Politely, I suggested to the judge if he wants to hear the defendant`s witness first. The judge agreed and the witness then sworn in and gave evidence. Please, can you tell me if such action is legal? Was there an irregularity of the judge conduct?
I lost my case and I am planning to seek permission to appeal.
Your answer / help would be appreciated very much.
Max - 20-Jul-17 @ 5:50 PM
Today, 19/02/2017, at the county court, I (the Claimant, in person) sworn in and started to give evidence, the judge then stopped me, and, then asked the defendant`s witness to sworn in and started to give evidence. This was because the defendant`s barrister stated that their witness has no time to wait and give evidence after I have finished given my evidence. Please, can someone tell me if this was legal? Can I appeal?
Max - 20-Jul-17 @ 12:15 AM
I have a lost my case for compensation in a small claims against Sainsbury's for £100. Sainsbury have bee awarded £2500 for defending the claim. Judge refused to listen to my arguments and refused my wanting to appeal against costs.
viru - 19-Nov-16 @ 6:23 PM
Short and sweet. Pay Back!! Mil collections Ltd. ( Parking )
On September 11th 2014 I received a ticket for parking in Staples car park in Luton, this was issued on behalf of JAS.
I denied this all the way until the 29th October 2015 when it was passed over to MIL collections ltd.
Again after all the court threats and going to court I thought back and did not pay.(even when I left it late and got a CCJ, I had it put aside!)
Eventually on the 5th September 2016 they asked for £50 as an open settlement offer instead of £224.00
I did not accept this. On the 19th September 2016 I received a letter from the court saying that,MIL collections ltd have Discontinues all of this claim.
What I want to know now after Two years of fighting and WIINING, can I turn the tables and claim expenses from them,
considering I put a lot of work into defending my case including time and money?
I know I have to apply under a CPR 27.14, which I did,but I did not put any cost down,so I have just received a letter from the judge as king for a scheduled of cost,this is where I could do with some help,bear in mind its taking me 2 years to fight this.
busterandmike - 13-Oct-16 @ 11:49 AM
How do I defend a claim against me in the small claims court? Welcome Financial Services are claiming approx £5000 from me for failing to pay the final nine months of a four year agreement despite it being covered by their recommended PPI and Shortfall Insurance, neither of which paid up! I attended a hearing last week where a "stay of proceedings" was lifted after WFS served an original claim in 2012, just weeks before it's limit of statute was up. I would be prepared to pay a very small percentage of the claim to avoid a CCJ but feel the £5000 is unjustified as over three years of the four year term was paid and both the PPI and Shortfall Insurance would have covered the final amount owed if they had been invoked. I was in hospital at the time when I should have completed the paperwork and WFS say it is not their responsibility to ensure the insurance policy was invoked despite me informing them I was incapacitated at that time. Any ideas and or help gratefully received.
Tina - 7-Jul-15 @ 12:17 PM
In the Small Claims Court, the Judge has directed that both experts meet at the property to discuss the issue.
Both Claimant and Defendant have also been told to be there.
Are Claimant/Def`ant there as mere observers and only allowed to act/speak if the experts want something?