Q&As

Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 13/08/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?
  • The rules governing small claims
  • Amendments to statements of case
  • Costs arising out of amendments

The rules governing small claims

CPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the way in which other claims are dealt with.

The important provision is CPR 27.2(1). It lists the parts of the CPR that do not apply to small claims. In some cases, an entire part of the CPR does not apply, for example CPR 31 relating to disclosure and CPR 36 relating to offers to settle, and in others, only certain rules within a part don’t apply (eg CPR 27.2(1)(e) limits only some application of CPR 35 on expert evidence). If a part of the CPR is not listed, then it applies unless that particular part itself limits its application.

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