In determining the value of a claim, interest, costs and any amount not in dispute are not included in the assessment.
“Any amount not in dispute” includes, in relation to a claim, an admission made by the defendant prior to allocation that reduces the amount in dispute; Akhtar v Boland [2014] EWCA Civ 872.
Paragraph 7.4(4) of Practice Direction 26 states, “It follows from these provisions that if, in relation to a claim the value of which is above the small claims track limit of £10,000, the defendant makes, before allocation, an admission that reduces the amount in dispute to a figure below £10,000 (see CPR Part 14), the normal track for the claim will be the small claims track”.
A “claim” does not include claims which a claimant could have included in his claim but which are not before the court; Khiaban v Beard [2002] EWCA Civ 358, [2003] All ER 362.
Is the normal track appropriate for a particular case?
CPR 26.7 provides that:
General rule for allocation
26.7
(1) In considering whether to allocate a claim to the normal track for that claim under rule 26.6, the court will have regard to the matters mentioned in rule 26.8(1).
Rule 26.8(1) provides that:
Matters relevant to allocation to a track
26.8
(1) When deciding the track for a claim, the matters to which the court shall have regard include –
(a) the financial value, if any, of the claim;
(b) …
(c) the likely complexity of the facts, law or evidence;
…….
(i) the circumstances of the parties.