Description
The Claimant had appealed the allocation of his claim to the small claims track. The Court of Appeal dismissed the appeal and came to consider the costs of the appeal. The court held that it would have awarded the Defendant his costs of the appeal however this was prevented by the wording of the CPR. CPR rule 27.14 was clearly worded and extended to the costs of an appeal. This included an appeal to the Court of Appeal. Rule 52.9A gives courts the power to limit costs on an appeal but does not give courts the power to award costs where they are precluded by another provision in the CPR. No order for costs was made.
