The Civil Procedure Rules 1998

[F1 [F2 Allocation to the small claims track E+W

63.27.— (1) A claim started in or transferred to a patents county court will be allocated to the small claims track if—

(a) rule 63.13, but not rule 63.2, applies to the claim;

(b) the value of the claim is not more than [F3 £10,000];

(c) it is stated in the particulars of claim that the claimant wishes the claim to be allocated to the small claims track; and

(d) no objection to the claim being allocated to the small claims track is raised by the defendant in the defence.

(2) Where rule 63.27(1) applies, the parties do not need to file an allocation questionnaire.

(3) If either—

(a) the requirements of rule 63.27(1)(a), (b) and (c) are satisfied, but in the defence the defendant objects to the claim being allocated to the small claims track; or

(b) the requirements of rule 63.27(1)(a) and (b) are satisfied, but not (c), and in the defence the defendant requests that the claim be allocated to the small claims track,

the court will allocate the claim to the small claims track or the multi-track in accordance with Part 26 (case management – preliminary stage).

(4) Part 27 (small claims track) shall apply to claims allocated to the small claims track in a patents county court with the modification to rule 27.2(1)(a) that Part 25 (interim remedies) shall not apply to such claims at all. Section VII of Part 45 (scale costs for claims in a patents county court) shall not apply to claims allocated to the small claims track in a patents county court.]]

Textual Amendments

F1 Pt. 63 substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rule 1(2), Sch. 1

F2 Rule 63.27 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 10(c)

F3 Sum in rule 63.27(1)(b) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 19 (with rule 22)