PART 27THE SMALL CLAIMS TRACK
Costs on the small claims trackI127.14
1
This rule applies to any case which has been allocated to the small claims track F14....
(F21Rule 46.13 makes provision in relation to orders for costs made before a claim has been allocated to the small claims track)
F22
The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except—
a
b
in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in F18Practice Direction 27A for legal advice and assistance relating to that claim;
c
any court fees paid by that other party;
d
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;
e
a sum not exceeding the amount specified in F19Practice Direction 27A for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
g
F9h
F22the applicable Stage 1 and, where relevant, the Stage 2 fixed costs in Table 10 and Table 11 in Practice Direction 45 where—
i
the claim was within the scope of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) F15or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’);
ii
the claimant reasonably believed that the claim was valued at more than the small claims track limit in accordance with paragraph 4.1(4) of the F16relevant Protocol; and
iii
the defendant admitted liability under the process set out in the F17relevant Protocol; but
iv
the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs F12; and
F10i
in an appeal, the cost of any approved transcript reasonably incurred.
F33
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4
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 199035 (a lay representative).
F135
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F136
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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)