The 5000 limit for small claims

[Russe11]

It has been brought to my attention that you may make a claim of greater than £5000 in the small claims track.

 

You do however need to apply to the court/judge to assess if it is sutitible for the small claims track, usually based on the complexity of the case.

[Guest stephen]

who told you this?

[Guest stephen]

Rule 26.6 provides for the scope of the small claims track. A claim for a remedy for harassment or unlawful eviction relating, in either case, to residential premises shall not be allocated to the small claims track whatever the financial value of the claim. Otherwise, the small claims track will be the normal track for -

 

any claim which has a financial value of not more than £5,000 subject to the special provisions about claims for personal injuries and housing disrepair claims;

any claim for personal injuries which has a financial value of not more than £5,000 where the claim for damages for personal injuries is not more than £1,000; and

any claim which includes a claim by a tenant of residential premises against his landlord for repairs or other work to the premises where the estimated cost of the repairs or other work is not more than £1,000 and the financial value of any other claim for damages is not more than £1,000)

[Russe11]

Yes, not there.... I'm sure there is about as much chance as getting the judge to come to the scence of an incident, but you are allowed to request.

 

Will double check my sources and write back later

[bankclaim]

just a thought

 

if the total amount you wish to claim is over £5k but the amount of actual charges is within the £5k limit without interest, to claim the actual charges first and then another claim for the interest after the first claim has been settled

 

any views?

[Russe11]

no I checked it out, its just says all amount less than 5k will automatically be held in the smallclaims court track, any amount can be claimed in the small claims track provided its seen that its the sutible track due to the case complexity of lack of it

 

you have to ask though

[Russe11]

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