Rule 27.2 Extent to which other Parts applyI1

England and Wales

(1)

The following Parts of these Rules do not apply to small claims—

(a)

Part 25 (interim remedies) except as it relates to interim injunctions^(GL);

(b)

Part 31 (disclosure and inspection);

(c)

Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d)

Part 33 (miscellaneous rules about evidence);

(e)

Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts—overriding duty to the court) F1, 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

(f)

F2Subject to paragraph (3), Part 18 (further information);

(g)

Part 36 (offers to settle F3...); and

(h)

Part 39 (hearings) except rule 39.2 (general rule—hearing to be in public) F4, rule 39.8 (communications with the court) and rule 39.9 (recording and transcription of proceedings).

(2)

The other Parts of these Rules apply to small claims except to the extent that a rule F5or a practice direction under this Part limits such application.

F6(2A)

A rule or practice direction may, in relation to a specified type of small claim—

(a)

require or permit the use of the procedure set out in this Part; and

(b)

disapply or modify any of the rules set out in this Part.

F7(3)

The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

Annotations

Textual amendments

F1: Words in rule 27.2(1)(e) inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 15
F2: Words in rule 27.2(1)(f) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 29(a)
F3: Words in rule 27.2(1)(g) omitted (6.4.2007) by virtue of The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 6(a)
F4: Words in rule 27.2(1)(h) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 7
F5: Words in rule 27.2(2) inserted (31.5.2021) by The Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), rules 1(1), 6(a)
F6: Rule 27.2(2A) inserted (31.5.2021) by The Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), rules 1(1), 6(b) (as amended by S.I. 2021/553, rules 2(2), 4(b)
F7: Rule 27.2(3) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 29(b)

Commencement

I1: Rule 27.2 in force at 26.4.1999, see Signature