Judicial powers

[andco 10]

Setting aside the issue of costs, can a judge award a claimant more than the amount they have claimed on their claim form?

[Solomon1 10]

Setting aside the issue of costs, can a judge award a claimant more than the amount they have claimed on their claim form?

 

Nope

 

Is this for a parking fine perchance?

 

Go to court dude!

 

We won against UKCPS

[andco 10]

nope it's nothing to do with a parking fine by any chance. Someone was trying to put the frighteners on me by saying that the Judge could have awarded the other side a very substantial sum of money very significantly above the quantum of their claim.

[ECCOnoob 1,020]

nope it's nothing to do with a parking fine by any chance. Someone was trying to put the frighteners on me by saying that the Judge could have awarded the other side a very substantial sum of money very significantly above the quantum of their claim.

 

Depends on the circumstances. A judge may be able to choose to make their own assessment of a damages award on their own motion. They may choose to include costs or additional things which might not have been included within the initial claim form.

 

It will all be dependant on what evidence and submissions are put before the judge by the other party.

[L00b 441]

Agree with ECCOnoob and "the issue of costs" should not be "set aside": a Judge can eventually award costs at indemnity level (whether that is initially claimed or not) as a punishing measure, if the losing party has not behaved as they should have before or during the proceedings (e.g. not respected pre-action conduct under the CPR, caused unnecessary application(s) to be made).

 

No specifics provided in the OP, but from experience, it can make the difference between a cost award of e.g. £500 and a cost award at indemnity of e.g. £9k.