The Civil Procedure (Amendment No. 2) Rules 2023

Amendment of Part 27

This section has no associated Explanatory Memorandum

9.—(1) In rule 27.1(2), in the words in parentheses, for “26.6”, in both places it appears, substitute “26.9”.

(2) In rule 27.3, after “fast track” insert “, the intermediate track”.

(3) In rule 27.14—

(a)after paragraph (1), in the words in parentheses, for “Rules 46.11 and 46.13 make” substitute “Rule 46.13 makes”; and

(b)in paragraph (2)—

(i)for sub-paragraph (a) substitute—

(a)the fixed costs attributable to issuing the claim, calculated in accordance with Table 2 in Practice Direction 45; or; and

(ii)in sub-paragraph (h), for “the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18”, substitute “the applicable Stage 1 and, where relevant, the Stage 2 fixed costs in Table 10 and Table 11 in Practice Direction 45”.

(4) For rule 27.15 substitute—

27.15.(1) Where a claim is allocated to the small claims track and subsequently re-allocated to another track, the costs which may be allowed are those applicable to the track to which the claim is reallocated, as if the claim been allocated to that track at the outset.

(2) Where a claim is reallocated to the small claims track from the multi-track, rule 27.14 shall apply to the period before, as well as after, reallocation, except where a court order or a rule or practice direction provides otherwise..