Delay in civil court claims grows in Peterborough

But The Law Society of England and Wales says the coronavirus pandemic has exacerbated pre-existing issues nationally, and called on the Government to open additional emergency courts.

The vast majority of civil court cases are small claims where a person is trying to get their money back on a deal or purchase that has gone wrong.

These are currently being heard in regular and ‘Nightingale’ courts, such as the one which was set up in the Knight’s Chamber of the Bishop’s Palace at Peterborough Cathedral, as well as remotely, and are often used to claim less than £10,000 back for a faulty product, poor service or personal injury.

Ministry of Justice figures show the average time taken for small claims to go to trial in Peterborough County Court was 44 weeks between July and September – an increase on the average of 40 weeks between July and September 2019, and the 42-week wait between April and June.

Multi and fast track claims, which are used for more complex issues, also took longer to reach trial in the most recent quarter – rising from 70 weeks between April and June to 73 in the most recent period.

Across England and Wales, the average time taken for small claims to go to trial rose to 49 weeks – almost two months longer than the previous period.

The time taken for multi and fast track cases rose slightly to 62 weeks over the same time.

The Law Society said there were already “significant backlogs” in the civil justice system after “years of underfunding and cuts to the courts”, but this has been made worse by Covid-19.

President David Greene said extended Covid operating hours may be suitable for some cases, but he is not convinced they have delivered any significant additional capacity.

He added: “The pandemic has worsened delays for several reasons, including remote hearings not being suitable for all cases and parties sometimes not being able to physically attend courts due to safety concerns.

“To reduce the backlogs in civil courts, we urge the Government to increase court capacity by opening additional Nightingale courts and ensuring the judiciary are well-equipped and encouraged to conduct hearings remotely where needed.”

Between July and September, there were 137 trials at Peterborough County Court – 30 per cent fewer than during the same period in 2019.

Across England and Wales, there were 11,000 county court trials over these months, an even digger drop of 37 per cent on July to September last year.

The Association of Personal Injury Lawyers said the pandemic has been a “catalyst for change and forward-thinking” in the courts – including bringing together claimant and defendant lawyers to develop a set of standard practices, and moving online more.

President Sam Elsby said: “Claimant and defendant lawyers have also worked hard, and continue to work together, to keep everything moving during the pandemic to ensure claims progress.

“As with everything else, it will take time for the civil courts to catch up and deal with the backlog, but this pandemic will leave a lasting legacy for the civil courts.”

The Ministry of Justice said more than 628 court rooms are open for civil and family cases, and it was rolling out new video technology, recruiting more judges and increasing sitting days.

A spokeswoman added: “Our world-leading response has kept the justice system running throughout the pandemic – urgent cases have been prioritised, remote hearings increased and extra courtrooms opened so cases can be heard as quickly as possible.”