Small Claims £10,000 - does this include interest

[Humbug99]

Hiya
A builder I have used has cost me around £15,000 due to breach of contract. I want to bring a claim against him but want to keep it to the Small Claims track if at all possible (I know I don't get to select how my claim is dealt with).

I'm considering keeping my claim to £9,970, just below the usually stated Small Claims limit of £10,000.

Does the £10,000 limit include interest? Here http://www.cripps.co.uk/wp-content/u...-July-2015.pdf on page 2 it says, "A small claim is one where the amount claimed is no more than £10,000, excluding any claim for interest or costs."

Here https://www.moneyclaimsuk.co.uk/small-claims.aspx it says, "The Small Claims Track is for claims up to £10,000 (including any added interest)..."

So they say the opposite. I'm worried that asking for interest to be included will tip me over from Small Claims into Fast Track.

Any advice gratefully recieved.

Thanks

[R0b]

Hello

I can see why you have got confused by this as it is hard to find the true answer however, the explanation by law firm Cripps is the correct one. Under rule 26.8 of the Civil Procedure Rules (sub-headed Matters relevant to allocation to a track), it says the following:

(2) It is for the court to assess the financial value of a claim and in doing so it will disregard –

(a) any amount not in dispute;

(b) any claim for interest;

(c) costs; and

(d) any contributory negligence.

If this is a straight forward breach of contract claim and you want to keep it within the small claims track then you should limit your financial value of the claim to £10,000. Have you considered checking any legal expenses insurance if you have any? You may be able to claim from that and take on your case for the full amount.

p.s. the second link you mentioned is correct only in the context that the issue fee that you pay will include any interest claimed.

[Humbug99]

Thank you for your response and time. That is excellent information.