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No it wont be negative, but obviously if you are going to amend you need to do it sooner rather than later.
If you go to a small claim and lose, you only lose Court costs./
If its a fast track then you would pay the other sides costs if you lose
There is a big risk for you as litigation is not certain
Can I clarify anything for you?
Although I am feeling pretty confident, there is as you say a risk. something to sleep on or maybe stay awake all night!
My point on if judgement is made in my favour regarding the £10,000 does the judge just focus on this even if the trial process reveals wrong doing regarding the whole amount of £13,500?
Is it a case of its £10,000 and that is it or do judges have discretion to look at the bigger picture if tehy so choose?
There are several choices:
1) £10k or under in a non complex claim is a small claim
2) over £10k if the parties agree is a small claim
3) if they dont agree, over £10,000 is NOT a small claim
Does that help?
So I could propose / request that the claim is considered as a small claim. Would the judge ask that question of the defendant or would I need to gain the agreement myself?
Just to clarify.
I put a statement in N181 to the effect that I would like the case to be considered as a small claim and then presumably the defendant sees this and agrees or does not agree? or do I outside of N181 need to engage directly with the defendant and gain his prior agreement or non-agreement?
OK. I dont think I will get any sort of a reply before I need to serve the N181. I will be asking for a 1 month stay and so although not ideal, should the defendant agree to it I presume I can write to the court during this stay period?