The Civil Procedure Rules 1998

Changes over time for: Section 27.14

Version Superseded: 01/10/2023

Alternative versions:

Status:

Point in time view as at 31/05/2021. This version of this provision has been superseded.

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Costs on the small claims trackE+W

27.14—(1) This rule applies to any case which has been allocated to the small claims track F1....

(Rules [F246.11 and 46.13] make provision in relation to orders for costs made before a claim has been allocated to the small claims track)

[F3(2) 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)the fixed costs attributable to issuing the claim which—

(i)are payable under Part 45; or

(ii)would be payable under Part 45 if that Part applied to the claim;

(b)in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in [F4Practice 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 [F5Practice 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;

(f)a sum not exceeding the amount specified in [F6Practice Direction 27A] for an expert’s fees; F7...

(g)such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably [F8; F9...]

[F10(h)the Stage 1 and, where relevant, the Stage 2 fixed costs in rule [F1145.18] 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”) [F12or 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 [F13relevant Protocol]; and

(iii)the defendant admitted liability under the process set out in the [F14relevant Protocol]; but

(iv)the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs [F15; and]]

[F16(i)in an appeal, the cost of any approved transcript reasonably incurred.]]

[F17[F18(3)] A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour under paragraph [F19(2)(g)] but the court may take it into consideration when it is applying the unreasonableness test.

F20...]

F21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 1990(1) (a lay representative).

F22(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)

Textual Amendments

F1Words in rule 27.14(1) omitted (1.4.2013) by virtue of The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 9(c)(i) (with rule 22)

F2Words in rule 27.14 substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 5(1)

F3Rule 27.14(2) substituted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 5(a)

F4Words in rule 27.14(2)(b) substituted (31.5.2021) by The Civil Procedure (Amendment No. 3) Rules 2021 (S.I. 2021/553), rules 2(1), 3(3)

F5Words in rule 27.14(2)(e) substituted (31.5.2021) by The Civil Procedure (Amendment No. 3) Rules 2021 (S.I. 2021/553), rules 2(1), 3(3)

F6Words in rule 27.14(2)(f) substituted (31.5.2021) by The Civil Procedure (Amendment No. 3) Rules 2021 (S.I. 2021/553), rules 2(1), 3(3)

F7Word in rule 27.14(2)(f) omitted (30.4.2010) by virtue of The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 5(a)

F8Word in rule 27.14(2)(g) substituted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 5(b)

F9Word in rule 27.14(2)(g) omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 4(b)(i)

F10Rule 27.14(2)(h) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 5(c)

F11Word in rule 27.14(2)(h) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 5(2)(a)