Article 33 Small claims procedure

For Order 19, rule 6, there shall be substituted the following–

“6

(1)

No solicitors' charges (nor costs allowed to a litigant in person in lieu thereof) shall be allowed as between party and party in respect of any proceedings referred to arbitration under rule 2(3), except–

(a)

the costs which were stated on the summons or which would have been stated on the summons if the claim had been for a liquidated sum;

(b)

the costs of enforcing the award, and

(c)

such further costs as the arbitrator may direct where there has been unreasonable conduct on the part of the opposite party in relation to the proceedings or the claim therein.

(2)

Where a reference to arbitration is rescinded, paragraph (1) shall not apply to costs incurred after the date of the rescission.

(3)

Nothing in paragraph (1) shall be taken as precluding the award of witnesses' allowances.”.