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County courts in England and Wales have been beset by new delays, raising concerns that businesses are encountering difficulties in the recovery of debts and that individuals with injuries are facing painful waits for compensation.
Official data published on Thursday showed that small claims — those worth less than £10,000 — were now taking more than a year on average to go to trial, a new record.
Several lawyers said the delays were causing problems in a broad range of cases, including disputes between landlords and tenants, and consumers seeking compensation for faulty goods or inadequate services.
Small claim trials took 56 weeks on average to be heard between July and September, the longest delay since records began in 2009. The wait time was more than three weeks longer than a year ago and 17 weeks longer compared with the same period in 2019.
Cases involving larger sums took more than 18 months, about the same as a year ago and 17 weeks longer than in 2019.
Matthew Maxwell Scott, executive director of the Association of Consumer Support Organisations, which represents lawyers and others who represent injury victims, said: “The government seems largely to have given up on civil justice, and the system now feels third rate.
“Ministers who trumpet the value and importance of justice and the rule of law are getting a hollow laugh from citizens and their representatives who are struggling to access the civil court.”
Disputes over money accounted for 82 per cent of the 448,000 county court claims during the period.
Tina McKenzie, policy chair at the Federation of Small Businesses, said: “Access to justice for small businesses is a burning issue.
“Apart from the amount they’re owed, the legal process could cost further tens of thousands [of pounds], adding to cash flow difficulties or even leading to insolvency.”
Ministers have sought to address the problems in part by encouraging more claims to be settled out of court. McKenzie said that at present the “dispute resolution landscape is costly and complicated”, although she welcomed chancellor Jeremy Hunt’s condemnation of late payment practices in his Autumn Statement.
John McQuater, chair of the civil justice committee at the Law Society and a personal injury specialist at Switalskis Solicitors, said there had “understandably been a lot of focus” on the backlog of cases in the criminal justice system.
But he added: “Civil claims matter a lot to those concerned and it should matter more broadly as well. An effective justice system is pretty important for everyone.”
The Ministry of Justice said: “Over 97 per cent of county court claims resolve without the need for a trial but we are taking action to ensure those that do are dealt with quickly.
“We’ve launched the biggest ever judicial recruitment drive for district judges, are digitising court processes and holding more remote hearings and increasing the use of mediation,” it added.
