[F1PART 63E+WINTELLECTUAL PROPERTY CLAIMS

Textual Amendments

[F2SECTION VE+W [F3INTELLECTUAL PROPERTY ENTERPRISE COURT]]

Textual Amendments

[F4Allocation to the small claims trackE+W

63.27.—(1) A claim started in or transferred to [F5the Intellectual Property Enterprise 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 [F6£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.

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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). [F8For that purpose the court will send the parties a directions questionnaire and require them to file completed directions questionnaires and to serve them on all other parties within 14 days]

(4) Part 27 (small claims track) shall apply to claims allocated to the small claims track in [F9the Intellectual Property Enterprise Court] with the modification to rule 27.2(1)(a) that Part 25 (interim remedies) shall not apply to such claims at all. [F10Section VII of Part 46] (scale costs for claims in [F9the Intellectual Property Enterprise Court]) shall not apply to claims allocated to the small claims track in [F9the Intellectual Property Enterprise Court].]]

Textual Amendments

F6Sum 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)