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Civil Procedure Rule 16.3 (7)

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  • Civil Procedure Rule 16.3 (7)

    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.
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  • #2
    Hello. I am new to the forum and seeking help with a potential civil litigation for damages. Thank you.

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    • #3
      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.

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