Gavel and scales

The latest civil justice statistics show that the average time taken for small claims to go to trial was 50.6 weeks in the second quarter of the year, just two weeks less than the same period in 2023.

Meanwhile, the time taken for multi/fast track claims to go to trial increased by 1.2 weeks on average, to 79.3 weeks, over the same period.

ACSO is calling on the new Ministry of Justice (MoJ) ministerial team to emphasise a focus on civil justice, including appropriate levels of new funding where necessary and a new impetus behind the court’s reform programme.

They have also called for the MoJ to be more transparent on court waiting times and being more transparent regarding the implications of delays, cancellations and arcane processes. This can be made possible if the MoJ sets clear targets for getting delays down.

James Maxey, CEO of Express Solicitors, said: “This is the third year that we have completed the court delays data analysis. There has been a slight improvement since moving to a digital platform but the delays are still way below the claimed performance level. Claimants stuck in the UK civil justice system, left waiting for their claims to be determined deserve much better.”

“Despite changes, which forced the majority of claimants to use the MOJ’s digital service to bring their claims, the data shows that the time spent waiting for the claim to be allocated to a local court is unacceptable. Unbelievably, part of the delay is caused by printing the claim documents off the digital platform onto paper and posting it out to the local court. The local court then has to confirm receipt of the court file and set a date for the CCMC hearing, but this takes time.”

Maxey added: “We have chased progress on claims where there has been radio silence, only to be told that the paper court file cannot be located and we have had to reconstitute the court file and send it to the local court for the claim to proceed. Calling the CNBC is made as difficult as possible, with call waiting over an hour. When the call is eventually answered we are often told that no information is available and simply wait to hear further from the court.”

“This is not an efficient system that is fit for purpose for use by our clients. One would hope that the incoming government will recognise the shortcomings and afford the civil justice system the urgent attention that it desperately needs.”

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