27.1
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(1)
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This Part -- sets out the special procedure for dealing with
claims which have been allocated to the small claims track under Part 26;
and
- limits the amount of costs that can be recovered
in respect of a claim which has been allocated to the small claims
track.
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(Rule 27.14 deals with costs on the small claims
track)
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(2)
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A claim being dealt with under this Part is called a
small claim.
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(Rule 26.6 provides for the scope of the small claims
track. A claim for a remedy for harassment or unlawful eviction relating, in
either case, to residential premises shall not be allocated to the small claims
track whatever the financial value of the claim. Otherwise, the small claims
track will be the normal track for -
- any claim which has a financial value of not more
than £5,000 subject to the special provisions about claims for personal
injuries and housing disrepair claims;
- any claim for personal injuries which has a
financial value of not more than £5,000 where the claim for damages for
personal injuries is not more than £1,000; and
- any claim which includes a claim by a tenant of
residential premises against his landlord for repairs or other work to the
premises where the estimated cost of the repairs or other work is not more than
£1,000 and the financial value of any other claim for damages is not more
than £1,000)
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27.6
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(1)
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The court may hold a preliminary hearing for the
consideration of the claim, but only -- where -
- it considers that special directions, as
defined in rule 27.4, are needed to ensure a fair hearing; and
- it appears necessary for a party to attend
at court to ensure that he understands what he must do to comply with the
special directions; or
- to enable it to dispose of the claim on the basis
that one or other of the parties has no real prospect of success at a final
hearing; or
- to enable it to strike
out(GL) a statement of case or part of a statement of case
on the basis that the statement of case, or the part to be struck out,
discloses no reasonable grounds for bringing or defending the claim.
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(2)
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When considering whether or not to hold a preliminary
hearing, the court must have regard to the desirability of limiting the expense
to the parties of attending court.
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(3)
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Where the court decides to hold a preliminary hearing,
it will give the parties at least 14 days notice of the date of the
hearing.
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(4)
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The court may treat the preliminary hearing as the
final hearing of the claim if all the parties agree.
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(5)
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At or after the preliminary hearing the court will
-- fix the date of the final hearing (if it has not
been fixed already) and give the parties at least 21 days notice of the
date fixed unless the parties agree to accept less notice;
- inform them of the amount of time allowed for the
final hearing; and
- give any appropriate directions.
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27.9
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(1)
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If a party who does not attend a final hearing
-- has given the court written notice at least 7
days before the date of the hearing that he will not attend; and
- has, in that notice, requested the court to
decide the claim in his absence,
the court will take into account that partys
statement of case and any other documents he has filed when it decides the
claim.
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(2)
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If a claimant does not -- attend the hearing; and
- give the notice referred to in paragraph
(1),
the court may strike out(GL) the
claim.
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(3)
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If -- a defendant does not -
- attend the hearing; or
- give the notice referred to in paragraph
(1); and
- the claimant either -
- does attend the hearing; or
- gives the notice referred to in paragraph
(1),
the court may decide the claim on the basis of the
evidence of the claimant alone.
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(4)
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If neither party attends or gives the notice referred
to in paragraph (1), the court may strike out(GL) the
claim and any defence and counterclaim.
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27.11
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(1)
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A party -- who was neither present nor represented at the
hearing of the claim; and
- who has not given written notice to the court
under rule 27.9(1),
may apply for an order that a judgment under this Part
shall be set aside(GL) and the claim re-heard.
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(2)
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A party who applies for an order setting aside a
judgment under this rule must make the application not more than 14 days after
the day on which notice of the judgment was served on him.
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(3)
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The court may grant an application under paragraph (2)
only if the applicant -- had a good reason for not attending or being
represented at the hearing or giving written notice to the court under rule
27.9(1); and
- has a reasonable prospect of success at the
hearing.
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(4)
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If a judgment is set
aside(GL)-- the court must fix a new hearing for the claim;
and
- the hearing may take place immediately after the
hearing of the application to set the judgment aside and may be dealt with by
the judge who set aside(GL) the judgment.
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(5)
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A party may not apply to set
aside(GL) a judgment under this rule if the court dealt
with the claim without a hearing under rule 27.10.
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Rules 27.12 and 27.13 are revoked.
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27.14
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(1)
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This rule applies to any case which has been allocated
to the small claims track unless paragraph (5) applies.
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(Rules 44.9 and 44.11 make provision in relation to
orders for costs made before a claim has been allocated to the small claims
track)
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(2)
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The court may not order a party to pay a sum to another
party in respect of that other partys costs except -- the fixed costs attributable to issuing the claim
which-
- are payable under Part 45; or
- would be payable under Part 45 if that Part
applied to the claim;
- in proceedings which included a claim for an
injunction(GL) or an order for specific performance a sum
not exceeding the amount specified in the relevant practice direction for legal
advice and assistance relating to that claim;
- costs assessed by the summary procedure in
relation to an appeal and
- such further costs as the court may assess by the
summary procedure and order to be paid by a party who has behaved
unreasonably.
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(3)
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The court may also order a party to pay all or part of
-- any court fees paid by another party;
- expenses which a party or witness has reasonably
incurred in travelling to and from a hearing or in staying away from home for
the purposes of attending a hearing;
- a sum not exceeding the amount specified in the
relevant practice direction for any loss of earnings by a party or witness due
to attending a hearing or to staying away from home for the purpose of
attending a hearing; and
- a sum not exceeding the amount specified in the
relevant practice direction for an experts fees.
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(4)
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The limits on costs imposed by this rule also apply to
any fee or reward for acting on behalf of a party to the proceedings charged by
a person exercising a right of audience by virtue of an order under section 11
of the Courts and Legal Services Act 1990
(44)
(a lay representative).
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(5)
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Where -- the financial value of a claim exceeds the limit
for the small claims track; but
- the claim has been allocated to the small claims
track in accordance with rule 26.7(3),
the claim shall be treated, for the purposes of costs,
as if it were proceeding on the fast track except that trial costs shall be in
the discretion of the court and shall not exceed the amount set out for the
value of the claim in rule 46.2 (amount of fast track trial costs).
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(Rule 26.7(3) allows the parties to consent to a claim
being allocated to a track where the financial value of the claim exceeds the
limit for that track)
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