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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I change my claim to £10,000 I presume that in the claimants

Resolved Question:

If I change my claim to £10,000 I presume that in the claimant’s description of claim that it will come to light that this is part of a £13,500 sum. Will it be considered negatively in so much as I have purposely amended the claim to get it into small claims?

In trying the case if the judge considered that the defendant has mismanaged the whole amount of funds £13,500 would there be the potential that the judge may take this into account and make a judgement that the defendant should return the whole £13,500 to the claimant? I say this as the money does not belong to the defendant, it has not been given to pay for goods or a service that the defendant has or has not provided. The £13,500 has been entrusted to the defendant by the claimant. The defendant is allegedly investing the funds to create a monthly return for the claimant, whilst establishing a vehicle (charity) that will gift the funds to the claimants chosen charities upon her death. So if the judgement for £10,000 is in favour of the claimant what happens to the remaining £3,500 as it does not belong to the defendant?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

No it wont be negative, but obviously if you are going to amend you need to do it sooner rather than later.

Alex Watts :

If you go to a small claim and lose, you only lose Court costs./

Alex Watts :

If its a fast track then you would pay the other sides costs if you lose

Alex Watts :

There is a big risk for you as litigation is not certain

Alex Watts :

Can I clarify anything for you?

Customer:

understood.

Customer:

Although I am feeling pretty confident, there is as you say a risk. something to sleep on or maybe stay awake all night!

Customer:

Thanks

Customer:

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?

Customer:

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?

Alex Watts :

There are several choices:

Alex Watts :

1) £10k or under in a non complex claim is a small claim

Alex Watts :

2) over £10k if the parties agree is a small claim

Alex Watts :

3) if they dont agree, over £10,000 is NOT a small claim

Alex Watts :

Does that help?

Customer:

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?

Alex Watts : You need to either seek their consent and put this on then directions questionnaire or apply to the court to amend the value of the claim
Customer:

Just to clarify.

Customer:

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?

Alex Watts : You need to write to D outside of form N181
Customer:

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?

Alex Watts : Yes that is fine and you can do this.
Customer:

Thanks

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