Costs in cases allocated to the small claims track by agreement

If a case is outside the financial limits of the small claims track but the parties agree to the case being heard on the small claims track, the case will be treated, for the purposes of costs, as if it had been allocated to the fast track. However, the trial costs shall be in the discretion of the judge and shall not in any event exceed the fixed trial costs27 provided for fast track trials (r 27.14(5)).