Capping your claim in an English small claims court?

Question

From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track.

If you are technically owed a greater sum than the limit, but are willing to reduce the claim in order to go through a less complex proceedure; are you able to claim the lower amount?

For example:

• Owed £10,250 for work completed, with well documented evidence that shows this amount
• Wish to go through small claims court, despite the limit of £10,000
• Is there any issue with raising a claim in small claims for only £10,000 - even though the evidence shows you would have been entitled to more via a different track?

Answer 1

Here's a UK source.

If you're just above the limit, consider lowering the asking amount down to £10,000 (even if your earlier letters demanded more).

You can do the same thing, in Ontario Canada.

“If what you are owed is more than $35,000, you can still file in Small Claims Court if you are willing to waive the amount over $35,000.”

Answer 2

I would think that there is nothing stopping you from claiming for a lower amount while reserving the right to pursue the additional difference subsequently, however, I’d be quite sure that you’d be entitled by general common law to write off the additional £250 and forgive that portion of the debt prior to the issuance of court proceedings. Anyone has the right at any time to forgive all or part of a unilateral debt. You don’t need a law to give you permission to forgo or forfeit a right that you don’t wish to assert.

Answer 3

No, I am not from the U.K., but if the limit there is 10 thousand pounds, you can file a suit for up to that amount.