Kerry Underwood

COURT FEES: CLAIM NOT LIMITED TO AMOUNT IN CLAIM FORM

with 3 comments


This is dealt with in my new book – Personal Injury Small Claims, Portals and Fixed Costs. This is three volumes and over 1,300 pages. For more information and to order a copy please click here.

 

Earlier this month I completed an eight day trek in the Sahara Desert to raise money for the Lord’s Taverners cricket charity for disadvantaged children. Please go here if you would like to make a donation.

 

In Harrath v (1) Stand For Peace Ltd (2) Samuel Westrop [2017] EWHC 653 (QB)

 

the High Court of Justice held that the fact that the claimant had limited the amount claimed in his Claim Form to £10,000.00 did not limit the power of the court to give judgment for the amount which it finds the claimant is entitled to recover – see CPR 16.3(7).

 

It does not matter that the claimant has only paid the court fee relevant to a claim not exceeding £10,000.00.

 

Here the claimant made it clear that he was willing to pay any additional fee.

 

The court awarded £140,000.00.

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Written by kerryunderwood

April 21, 2017 at 7:33 am

Posted in Uncategorized

3 Responses

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  1. Reblogged this on | truthaholics and commented:
    “In Harrath v (1) Stand For Peace Ltd (2) Samuel Westrop [2017] EWHC 653 (QB)the High Court of Justice held that the fact that the claimant had limited the amount claimed in his Claim Form to £10,000.00 did not limit the power of the court to give judgment for the amount which it finds the claimant is entitled to recover – see CPR 16.3(7).
    It does not matter that the claimant has only paid the court fee relevant to a claim not exceeding £10,000.00.
    Here the claimant made it clear that he was willing to pay any additional fee.
    The court awarded £140,000.00.”

    truthaholics

    April 21, 2017 at 10:55 am

  2. So is this not a way of circumventing the ludicrously high court fees on larger claims? It would seem a good idea to routinely limit the claim to, say, £10k. If the court then orders more than that you can pay the additional fee out of the damages, but if they don’t, or if you lose the case, you’ve saved yourself the additional fee.

    It’s almost like a `no win no fee’ agreement with the MoJ!

    Pro Bono

    April 21, 2017 at 11:36 am

  3. On the face of it, but if done deliberately, then the court may find that that is an abuse of process and strike the claim out, as has happened in other cases, so the short answer is “No”.

    Kerry

    kerryunderwood

    April 21, 2017 at 2:11 pm


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