When could my claim be allocated outside the small claims court and what are the consequences?

The starting position is CPR 26.6 which sets out the criteria for claims allocacted to the small claims court (or track as referred to in the rules) e.g. any claims woth a value of no more than £10,000 or claims for personal injury damages with a value of no more than £10,000.

Specifically CPR26.7(4) provides that claims which involve a claim by a tenant of residential premises against a landlord in relation to either harassment or unlawful eviction, will not be allocated to the small claims court.

You should be aware that even if the value of the claim falls within the limits set by CPR 26.6, the court may still allocate the case outisde the small claims court e.g. to the fast track or multi-track.

This is because the other criteria the court will consider when allocating your case, is the complexity of the dispute. Even for low value claims, if the case is coplex, the court court allocate the case outisde the small claims court.

This is significant because it could have a bearing on the recoverability of legal costs e.g. if you are bringing a claim believing it will be allocated to the small claims court, and therefore the consequences of losing the case in terms of paying your opponent's legal costs are limited, this 'safety net' could be taken away if the case is allocated outside the small claims court.

Allocation outside the small claims court will also mean stricter and more extensive court rules.