Delays in the Court System – It’s Not Just a Criminal Problem
Posted on in Dispute Resolution
Yet again in recent days, the justice system in England has hit the headlines, with the publication of a further report from the Independent Review into the Criminal Courts, led by a well-respected senior retired Judge, Sir Brian Leveson. The report highlights a criminal system on the brink of collapse, a conclusion that few in the legal profession would ever dispute.
But as the recent headlines again demonstrate, it is usually the case when the court system is spoken about in the media that it is the criminal court system that grabs the headlines. Without sensationalising matters, it is easy to understand why the public needs to be aware of the increasing length of time it takes to try a murderer or a rapist, as opposed to the length of time it may take Joe Bloggs to sue a garage for selling him a dodgy motor, for example. But it is important to highlight that the criminal court system is not the only part of the system reaching breaking point - the civil court system is not faring much better.
What has caused the delays in the civil courts?
For some years, county courts have been creaking - literally, given the poor state of some of the courtrooms, but also metaphorically, when considering the volume of cases that are in the system. The reasons for this are wide-ranging, but, as ever, public finances lie behind many of the problems. Back in June 2024, Chair of the Justice System Andy Slaughter MP highlighted that “The causes of the inefficiencies and delays in the County Court are chronic, following years of underfunding”.
Technology and the increasing use of the online claims process have offered some level of assistance. But anyone who has tried to launch their own claim will know that the system is far from user-friendly.
What is important to have an efficient county court system?
For many people with a civil dispute – a consumer claim, a debt that is owed, a dispute about property, etc. – the county court system will be the first port of call to seek redress. Whilst the average case is not going to trouble many people other than the parties involved, civil claims really do matter; if you are a small business owed money, recovering a debt swiftly can be make-or-break for your business, if you are the aforementioned Joe Bloggs, you may have invested all your savings in a pride-and-joy car; if that spends more of its life on ramps in the garage than on the road, you want your money back. If you have a neighbour blocking access to your home, the need to achieve a swift resolution is obvious.
Put simply, for many people, it is the civil courts that they may have greater involvement in their lives than the criminal court. The swift and efficient delivery of civil justice will save time and stress and can have significant practical and financial benefits.
What should I do in the face of the delays?
The best advice is not to let the delay lead you to delay. A claim issued today may well take longer to conclude than a claim issued 15 or 20 years ago, and so in most situations, the sooner the claim is commenced, the better.
Equally, however, the delays highlight the importance of considering Alternative Dispute Resolution (‘ADR’) as a means of resolving disputes where possible. £10,0000 that you could negotiate by way of mediated settlement tomorrow may be worth more to you than a £12,000 judgment in your favour that is awarded by a judge at some point in a year’s time.
Litigation can be complex. If you’re involved in a dispute or think that you may be soon, obtaining advice from a lawyer can be invaluable and help you navigate the civil court process.