header-logo header-logo

26 April 2013
Issue: 7557 / Categories: Case law , Judicial line , In Court
printer mail-detail

Not so small

The court can now “track down” a civil claim without the consent of the parties by amendment to CPR 27.7...

The court can now “track down” a civil claim without the consent of the parties by amendment to CPR 27.7. This appears to mean, for example, that a claim for £12,000 could be allocated to the small claims track whether the parties like it or not. Are we likely to find that claims which are only modestly over the new normal small claims £10,000 limit or modestly over the £1,000 limit for personal injury claims will be tracked down? Does the new regime not disadvantage a party who has used lawyers believing that his costs would be recoverable if he won only to find that he is limited to small claims restricted costs?

The removal of CPR 27.7(3)—which had required the parties’ consent to track down from fast to small claims—has given greater flexibility to district judges on allocation. Even so, it is generally unlikely that a claim will be tracked down purely on the ground that its value is only modestly over £10,000. Otherwise,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll