Starting County Court claim(s)

[Mikexx]

I wish to initiate a County Court claim against [A].

There are two aspects to this claim, one being a straightforward loan
repayment, and the second is from the fiduciary duty/responsibility as a
director.

I might argue these should be two separate claims as they pertain to
very different matters. Or are there two aspects to a single claim?

Any help here would be appreciated.

[charitynjw]

Hi & welcome to LB.
Another thing to consider is how complex the second matter would be.
Allocation to track (ie Small Claims, Fast/Multi track) is not only based on the financial aspect. (Ie £10,000 Small Claims ceiling....though even that is not set in stone. I know of one current case where the amount claimed exceeds that amount, but it is a simple debt case.)

[Mikexx]

Hi & welcome to LB.
Another thing to consider is how complex the second matter would be.
Allocation to track (ie Small Claims, Fast/Multi track) is not only based on the financial aspect. (Ie £10,000 Small Claims ceiling....though even that is not set in stone. I know of one current case where the amount claimed exceeds that amount, but it is a simple debt case.)

I can see your point, the second aspect is around the £10,000 limit and although they are separate aspects I might have thought the administration would be simplified. It is easy for a defendant to agree an amount though I can also see how that would complicate costs might be apportioned.

Many thanks for your reply.

[CLL1]

It depends on what you’re asking as a remedy in respect of the second element of your claim.

[Mikexx]

Hi & welcome to LB.
Another thing to consider is how complex the second matter would be.
Allocation to track (ie Small Claims, Fast/Multi track) is not only based on the financial aspect. (Ie £10,000 Small Claims ceiling....though even that is not set in stone. I know of one current case where the amount claimed exceeds that amount, but it is a simple debt case.)

I suppose I'm fearful the defendant will argue about costs is I don't amalgamate the two claims vs having one disallowed.

I'm tempted to write to give them the choice knowing, of course, they won't reply. With a view to making two claims in the default position.

Many thanks.

[charitynjw]

I suppose I'm fearful the defendant will argue about costs is I don't amalgamate the two claims vs having one disallowed.

I'm tempted to write to give them the choice knowing, of course, they won't reply. With a view to making two claims in the default position.

Many thanks.

Imho, there should be no problem with combining the 2 issues in one claim.
Worst way, the court does have powers to strike part of the claim while leaving the rest intact.
https://www.justice.gov.uk/courts/pr...les/part03#3.4