My understanding about UK small claim procedure is that- limit is £10K. (as Ltd company contractor)For some unpaid work notice pay which end client initially proposed to pay, but in reality didn't pay if I include VAT then it crosses 10K mark But without VAT its within10K limit. I am VAT registered.

Kindly suggest

  • What is your actual question? We answer questions, we don't solve problems. – user6726 May 13 '19 at 21:45
  • Is there a particular reason you want to meet the £10,000 limit? The courts do have discretion, and the £10,000 in England limit is not a hard cut off - if your claim is slightly above but is a simple claim, it may still be heard in a small claims court, and in any case the process for claiming a higher amount is not much more arduous (but more involved) than the small claims process - if you are ok filing your own taxes, you should be fine with the fast track. If you are only over by a small amount, I'd spend a small amount on legal consultation to confirm your options. – user4210 May 13 '19 at 22:52
  • Some decent reading on this: assets.publishing.service.gov.uk/government/uploads/system/… – user4210 May 13 '19 at 22:55
  • 1) But on their site, in fees table figures for upto 100,000 is mentioned. 2) the amount itself is 10K & with VAT its going to 12K. 3) My fear is if Small cliams court declines to hear my case, will I automatically become liable for other party's legal costs & will this court automatically redirect to Fast track or I'll need to take that step,? Thanks – user6176517 May 14 '19 at 15:53

The monetary limit is on the claim - for that purpose, the court doesn’t care why you are claiming it - only the total matters.

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  • Yes to only the total matters. – Putvi May 13 '19 at 21:32
  • But on their site, in fees table figures for upto 100,000 is mentioned. – user6176517 May 14 '19 at 15:52

You can sue for up to 10 thousand pounds in England. This site gives you an overview of the process. https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court

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  • Why downvote this lol? – Putvi May 13 '19 at 19:55
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    I didn't downvote, but this doesn't specifically answer the question about whether the VAT is relevant. – Nate Eldredge May 13 '19 at 20:19
  • I don't understand how it does not. Not trying to be rude, but you can sue for up to 10k is pretty straight forward. – Putvi May 13 '19 at 20:20
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    The asker already knows that the limit is £10K. They want to know if the added VAT makes a difference. If they thought it was obvious that it doesn't, they wouldn't have asked. And having some Internet stranger just flatly telling them (indirectly) that it doesn't matter is not likely to help convince them. If it were me, I'd want to see further justification, preferably from a reliable source. – Nate Eldredge May 13 '19 at 20:23
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    The problem with this answer is that it refers to "suing" and places an absolute limit on it - firstly, there are many different types of "suing" in the UK, and only a very few of them involve the small claims court and as such each specific case has limits defined by the actual case brought and the court that hears that case. You can sue for millions in the UK, it will just be heard in a different court. Infact, you can make a monetary claim (which is what the question is about) for much more than £10,000, it just might not be heard in a small claims court... – user4210 May 13 '19 at 23:07

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