CPR 16.3 (7) sates that the value of the claim does not limit the power of the court to give judgment for the amount it finds the claimant is entitled to. Does this mean that if I file a claim and pay the appropriate fee, the court may award me a higher amount not limited by the claim fee? If so, this would suggest that I claim a lower amount with lower associated lower fee and trust the court to award a higher amount.
Civil Procedure Rule 16.3 (7)
Collapse
Loading...
X
-
Well you can hope the court will do that, but don't count on it.It generally applies to Personal Injury cases.
I was involved in one case where claimant limited their claim to £10,000 to keep it to small claims track, where they had actually lost £35,000.
The judge noted this when awarding them judgement for £10,000 and remarked they should have claimed the £35,000..
If you are looking for help post up more details and someone will be along, but as it is weekend you might have to wait a while.
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment