Small claims trials taking over a year, reveals access to justice crisis

This represents a 30-week increase since 2010, despite a reduction of 2,000 cases over the past 14 years. For more complex, higher value cases, the time to trial has extended to over a year and a half (80 weeks).

Nick Emmerson, president of the Law Society of England and Wales, expressed grave concern over these delays, emphasising that such prolonged waits often lead litigants to abandon their claims, denying them justice. He called for urgent action from the next UK government to commission new research, surveying litigants to understand their experiences, the reasons for being unrepresented, and how court processes can be improved.

Regarding the state of the court estate, Nick Emmerson highlighted findings that 47% of court users experienced delays and adjournments in the past year, with 28% finding the courts unfit for purpose. He described the dilapidated conditions, including leaking roofs, makeshift repairs with gaffer tape, and exposed wiring in some courts. Reinforced autoclaved aerated concrete (RAAC) found in several courts, such as Doncaster Justice Centre North and Blackpool County Court, has forced closures, creating further disruptions.

Nick Emmerson also criticised the impact of court digitisation, suggesting it has worsened delays rather than alleviating them. He stressed the need for future digital systems to be user-designed with extensive collaboration among users and stakeholders to prevent costly errors and rework.

In conclusion, Mr Emmerson highlighted the critical role of County Courts in ensuring access to justice for individuals and businesses, asserting that delays exceeding a year undermine this principle. He called for urgent investment to address the substantial repair backlog of the court estate and cautioned against previous ineffective attempts at digitalisation.