“46.13
(1)
Any costs orders made before a claim is allocated will not be affected by allocation. (2)
Where – (a)
claim is allocated to a track; and (b)
the court subsequently re-allocates that claim to a different track,
then unless the court orders otherwise, any special rules about costs applying – (i)
to the first track, will apply to the claim up to the date of reallocation; and (ii)
to the second track, will apply from the date of re-allocation. (3)
Where the court is assessing costs on the standard basis of a claim which concluded without being allocated to a track, it may restrict those costs to costs that would have been allowed on the track to which the claim would have been allocated if allocation had taken place. 58.CPR Part 46 does not apply to the IPEC small claims track, see r.63.28(2) and (3). However, Part 27 is applied to IPEC small claims, see part r.63.28(2). A note in the White Book in relation to Part 27, at paragraph 27.14.2, points out that Part 46.11 and 13 govern what happens to costs when there is allocation or re-allocation into or out of the (regular) small claims track. It says: “CPR r.46.11(2) governs the position in respect of costs prior to allocation. It provides that if a claim is allocated to the small claims track, then the small claim track costs provisions apply before allocation as well unless the court or a practice direction provide otherwise. If a claim is re-allocated from another track to the small claims track, then CPR r.46.13 applies and small claims track costs will only apply from re-allocation unless the court orders otherwise. 59.As that note states, CPR 46 provides guidance as to costs for the period preceding allocation or re-allocation, as the case may be, although the overall discretion of the court is reserved. In my view, exactly the same approach should be taken in relation to costs before the allocation or re-allocation into or out of IPEC small claims. 60.In my judgment, the District Judge was entitled, and was right, to say that the costs in the present case before its allocation to the IPEC small claims track on 28 May 2015 should be assessed according to the IPEC small claims rules.