Small Claims Limit

orfoster

Hello,
I've just commenced court action against a company for £9858.26.
Inc the Court Fee its £10,268.26.

When the court follows its procedure in allocating it to a track (and I appreciate this is only 1 factor) will they regard the claim as over £10k or under?

Essentially what I'm asking is does it include the Court Fee?

Thanks

Thrugelmir

You've posted this on the wrong forum.

Optimistic6

The amount of claim is the debt plus court fee. So if your claim exceeds £10,000 it could be classed as a fast track claim. However the District Judge can exercise discretion where the limit is minimally breached and still allocate as a small claim. This is allowed because allocation to track is based on cost and complexity.

orfoster

Thrugelmir wrote: »

You've posted this on the wrong forum.

Thanks, although I'm not sure which forum I'm supposed to put this on as you've not given that info.

Cheers though.

orfoster

Optimistic6 wrote: »

The amount of claim is the debt plus court fee. So if your claim exceeds £10,000 it could be classed as a fast track claim. However the District Judge can exercise discretion where the limit is minimally breached and still allocate as a small claim. This is allowed because allocation to track is based on cost and complexity.

Great thanks. I'll just have to hope to argue my case at Allocation stage, hopefully the fact its only £260 over will make a difference. Its a breach of contract claim. Really just a deconstruction of the paperwork.