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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
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Summary Proceedings (Sc): Small claims - obtaining and enforcing decree: Restriction of expenses in defended cases

In the majority of small claims actions you should seek decree for the amount detailed on your statement of claim and both the court fees and sheriff officer costs incurred in bringing the action.

Defence not lodged or lodged but not taken forward

Normally in cases where the defender

  • does not lodge a defence or
  • lodges a defence but does not proceed with it

the court will grant decree for all your outlays (DMBM675100).

Defence lodged and maintained

In certain cases however where the defender has lodged and maintained a genuine defence because the small claim procedure is to provide a low cost form of settling disputed claims the court will restrict the amount of expenses awarded.

In these instances you should

  • accept the court’s decision without question

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)