Small Claim Track allocation

[orfoster]

Hello,
If a claim is brought 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

[stevemLS]

Re: Small Claim Track allocation

As I understand it the value is the total value, so including court fees.

But, the court has a discretion to allocate higher value claims to the small claims track if the parties consent and subject to the other factors of which you are already aware.

[orfoster]

Re: Small Claim Track allocation

As I understand it the value is the total value, so including court fees.

But, the court has a discretion to allocate higher value claims to the small claims track if the parties consent and subject to the other factors of which you are already aware.

Thanks! Damn it! Thought they'd exclude the court fees. Never mind, will have to wait for Allocation to put the point and see what happens.

[orfoster]

Re: Small Claim Track allocation

Hey everyone,

Tell me, when a case is served (5 days after notice of issue) and its allowed 28 days (if ack) to put defence in.

What do they mean by 'days'? Inc weekends and bank holidays? I can't seem to find anything on this point.

Thanks

[orfoster]

Re: Small Claim Track allocation

Also, if this is done online and you send Detailed POC's does the clock start ticking from the N1 being served or the Detailed POC's when they're deemed served?

[orfoster]

Re: Small Claim Track allocation

I think I've worked out that if its simply calendar days then it is from when the Detailed POC's are deemed served that the clock starts ticking.

[Kati]

Re: Small Claim Track allocation

That would be my assumption too ... although I am sure someone will come along and let you know for sure soon.

[orfoster]

Re: Small Claim Track allocation

That would be my assumption too ... although I am sure someone will come along and let you know for sure soon.

Found out what days are here http://www.justice.gov.uk/courts/pro...les/part02#2.8

i understand days are calendar days, unless an order is 5 days or less then you don't count any Saturday Sunday or Bank Holiday, otherwise it's calendar days.