small claims

Hi, where you have 3 small claims consolidated is the small claim limited to 10,000 or can it be higher or 3x 10,000?

 

 

i thin if you have one claim

i thin if you have one claim no then the it will be limited to 10k but if there are three claims nos and are heard together then it would be 30k but it is dependent upon how you and the defendant argue thier case and it is up t the DJ to decide.  

Ps This is my ipinion not legal advice as i am not a solicitor just a keen student of law. i hope it helps regards A

I think it is the total on

I think it is the total on the claim form i.e. If three claims can be fairly disposed of on one claim form then the total value is what decides the point. Possibly then 30k would be too high for small claims?

When you fill in your allocation questionaire you will have an opportunity to state your preference if you do not agree with the track allocated. But to assist in changing the track it would be helpful if the defendants agreed with your preference. Ultimately the DJ (etc.) will decide, though you would need a good reason to change from the default track. These are just my thoughts though.

 

 

Assuming the claim arises

Assuming the claim arises from the same circumstances and its the same defendant - its going to be £10k.

You can't get round the limit by splitting a claim separate parts.

Profile: retired barrister legal adviser with MOJ.

A single claim form can be

A single claim form can be used to start claims which can be conveniently disposed of in the same proceedings, probably, but not necessarily the same defendant*. But I agree with the above the 10k limit would apply for small claims for the entire claim as set out  on the claim form, probably. (Civil Procedure Rules 7.3)

 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

* i.e. additional parties, 2nd defendants and so on.

 

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