Court of Appeal overturns ruling that blew small claims track “to bits”

The Court of Appeal has overturned a judgment which it said opened the door to “well-resourced parties corresponding their way” out of the small claims track – and would have blown it “to bits”. It was allocated to the small claims track. Barclays then applied for costs under CPR 27.14(2)(g), the “unreasonable behaviour” exception to the costs-neutral regime of the small claims track. She added: “Judges exercising the discretion should also bear in mind the undesirability of deterring parties from using the small claims track.” Cockerill LJ added that the answer could to some extent also be reached by looking at the implications if the district judge was correct, including how it would blow the small claims track to bits.