Small claims track (SCT)—costs recovery

Copyright © 2025 LexisNexis
Produced in partnership with David Willink of Lamb Chambers
Practice notes

Small claims track (SCT)—costs recovery

Copyright © 2025 LexisNexis

Produced in partnership with David Willink of Lamb Chambers

Practice notes
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This Practice Note considers costs in the small claims track (SCT), a track that is dealt with in Part 27 of the CPR. It examines the costs provisions in CPR 27.14(2) and offers assistance on how they have been interpreted by the courts. The Practice Note also covers exceptional circumstances where a successful claimant is able to claim a contractual entitlement to costs.

Note, this Practice Note considers the transitional CPR provisions that apply to cases which have been issued prior to 1 October 2023 (except for personal injury and disease cases) and the position under the current rules for cases that are issued on or after 1 October 2023 (except for personal injury and disease cases). For personal injury cases, the transitional CPR provisions apply to cases where the cause of action accrued prior to 1 October 2023 and for disease cases the transitional CPR provisions apply to cases where the letter of claim was sent to the defendant prior to 1 October 2023. The current rules apply to personal injury cases where the

David Willink
David Willink

Lamb Chambers

As a civil servant in the Lord Chancellor’s Department, now the Ministry of Justice, David gained extensive experience in government, including responsibility for civil law reform in the areas of contract, trusts and privacy & freedom of expression. He appeared before Select Committees in both Houses of Parliament, and represented the UK in Brussels, Luxembourg, Strasbourg and Salzburg. He was responsible for the defence of domestic libel law in Steel & Morris v United Kingdom [2005] ECHR 103 (‘McLibel’). He also held responsibility for advice on appointments to Queen's Counsel and senior judicial office.

At the Bar, he has maintained a broad civil practice, acting for claimants and defendants across the areas in which chambers practise. He accepts Direct Access instructions in appropriate cases. In addition, he has developed a practice in all aspects of ecclesiastical law, and is the Deputy Chancellor of the Dioceses of Salisbury and St Albans. He is also a Deputy District Judge.

He writes extensively, both for LexisNexis and for other print and online publications.

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Jurisdiction(s):
United Kingdom
Key definition:
Small claims track definition
What does Small claims track mean?

Generally, the appropriate track for claims with a financial value of not more than £5,000.

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