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Civil Procedure Rules, Practice Direction 27A

Document Cited authorities 6 Cited in Related
Vincent
AuthorPatricia Pearl/Tim Parker
Pages309-316

Appendix 9


Civil Procedure Rules, Practice Direction 27A

PRACTICE DIRECTION 27A – SMALL CLAIMS TRACK

This Practice Direction supplements CPR Part 27

Judges

1

The functions of the court described in Part 27 which are to be carried out by a judge will generally be carried out by a district judge but may be carried out by a Circuit Judge.

Case management directions

2.1

Rule 27.4 explains how directions will be given, and rule 27.6 contains provisions about the holding of a preliminary hearing and the court’s powers at such a hearing.

2.2

Appendix A sets out details of the case that the court usually needs in the type of case described. Appendix B sets out the Standard Directions that the court may give. Appendix C sets out Special Directions that the court may give.

2.3

Before allocating the claim to the Small Claims Track and giving directions for a hearing the court may require a party to give further information about that party’s case.

2.4

A party may ask the court to give particular directions about the conduct of the case.

310 Small Claims Procedure in the County Court

2.5

In deciding whether to make an order for exchange of witness statements the court will have regard to the following –

(a) whether either or both the parties are represented;
(b) the amount in dispute in the proceedings;
(c) the nature of the matters in dispute;
(d) whether the need for any party to clarify his case can better be dealt with by an order under paragraph 2.3;

(e) the need for the parties to have access to justice without undue formality, cost or delay.

Representation at a hearing

3.1

In this paragraph:

(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor or any other person authorised under the Legal Services Act 2007 to act as a litigator or advocate; and

(2) a lay representative means any other person.

3.2

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:

(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

(4) Any of its officers or employees may represent a corporate party.

Small claim hearing

4.1

[Revoked on 1 July 2019]

A hearing that takes place at the court will generally be in the judge’s room but it may take place in a courtroom.

4.3

Rule 27.8 allows the court to adopt any method of proceeding that it considers to be fair and to limit cross-examination. The judge may in particular:

(1) ask questions of any witness himself before allowing any other person to do...

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