Factors affecting the ‘Value’ of the claim

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


(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


(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.