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A Court User's Guide to the
Civil Justice Reforms
Flowchart 10
Allocation to small claims track
CPR Part 27
General
Arbitrations will now be known as small claims hearings with no automatic reference
Allocation to small claims track by consent
Where parties consent to a claim being handled in the small claims track, the no-costs rule will not
apply if the value of the claims exceeds the small claims track limit. The costs allowed will not exceed
those allowed for fast track cases and the maximum time allowed for the hearing will be one day
On allocation
After allocation the court will:
- give standard (or special) directions and fix a date for the final hearing or
- give special directions and direct that the court will consider giving any further directions no later
than 28 days after giving initial directions, or
- fix a date for a preliminary hearing, or
- give notice that it proposes to deal with the claim without a hearing and invite the parties comments
Small claims hearings
Hearings will be held in public unless the parties agree for it to be held in private or part 39.2(3) applies
Representation at a hearing may be made by:
- party or legal representative
- lay representative if the party is also present or without the party if the court gives permission
- an officer or employee of a corporate body
No expert may give evidence at the hearing, written or oral, without the court's permission
Non-attendance at the hearing
Parties who does not attend final hearings may have any statements of case and documents filed taken
into account at that hearing if:
- they have given the court written notice of non-attendance at least 7 days before the date of the
hearing, and
- requested the court, in that notice, to deal with the claim in their absence
Appeals
Notice of appeal against a final order must
- be filed at the court who made the order not later than 14 days after service of the order and
- set out the grounds with particulars of the serious irregularity or mistake of law alleged
A circuit judge may dismiss the appeal without a hearing or direct it be listed for hearing