Small Claims Track to other Tracks

[heisenberg]

Hi all,

Does anyone know if a County Court Judge can switch tracks on the basis that a claim is deemed to be too complicated for the small claims track? If so, does the Judge need the agreement of the parties and generally how often does this happen?

Sincere thanks in advance.

[charitynjw]

Re: Small Claims Track to other Tracks

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.15

CPR 27

Claim re-allocated from the small claims track to another track27.15 Where a claim is allocated to the small claims track and subsequently re-allocated to another track, rule 27.14 (costs on the small claims track) will cease to apply after the claim has been re-allocated and the fast track or multi-track costs rules will apply from the date of re-allocation
.

So I guess that's a yes, a 'doubt it' & a dunno!

[heisenberg]

Re: Small Claims Track to other Tracks

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.15

CPR 27

Claim re-allocated from the small claims track to another track27.15 Where a claim is allocated to the small claims track and subsequently re-allocated to another track, rule 27.14 (costs on the small claims track) will cease to apply after the claim has been re-allocated and the fast track or multi-track costs rules will apply from the date of re-allocation
.

So I guess that's a yes, a 'doubt it' & a dunno!

Thanks. This, I imagine, could place litigants in person in a compromising position.

[charitynjw]

Re: Small Claims Track to other Tracks

Help4LIPs offers some useful info.

http://www.help4lips.co.uk/

& some of our posters are not too shabby! :okay:

[heisenberg]

Re: Small Claims Track to other Tracks

Help4LIPs offers some useful info.

http://www.help4lips.co.uk/

& some of our posters are not too shabby! :okay:

Thanks. That is a really helpful site!

[CLL1]

Re: Small Claims Track to other Tracks

The court has discretion to re-allocate a claim to a different track (CPR 26.10) On re-allocation, the criteria in CPR 26.8(1) may be taken into account along with any other relevant factors.

Fair bit of case law on it - did you need to know anything in particular?

[heisenberg]

Re: Small Claims Track to other Tracks

The court has discretion to re-allocate a claim to a different track (CPR 26.10) On re-allocation, the criteria in CPR 26.8(1) may be taken into account along with any other relevant factors.

Fair bit of case law on it - did you need to know anything in particular?

Many thanks.

I am concerned that a Judge may regard my case as too complex for the small claims track (it involves data protection and human rights issues). I am also concerned that my schedule of loss exceeds £10,000 (though I may be able to amend this).

[CLL1]

Re: Small Claims Track to other Tracks

I can see where your concern comes from, but I guess it's a "wait and see" approach. Frustrating!

[heisenberg]

Re: Small Claims Track to other Tracks

I can see where your concern comes from, but I guess it's a "wait and see" approach. Frustrating!

Unfortunately that seems to be the case. It would not surprise me if the other side apply for a change in track as they would know this would probably knock out my claim.

[heisenberg]

Re: Small Claims Track to other Tracks

Speaking hypothetically here, if the claim moves up from the small claims track and I present argument A, B and C and go on to win argument A but lose the others would I still be regarded as the winner and exempt from costs?

[CLL1]

Re: Small Claims Track to other Tracks

Not really, but that question is for the judge. Remember that there is no automatic right to costs, it's at the discretion of the court.