Whilst the delays in the criminal courts have been widely reported, it’s the civil courts that are used by the vast majority of the public and are now heading towards crisis point.
Court delays for civil cases have reached an all-time high with the time between issue and trial for fast and multi-track claims now 75 weeks.
Many will blame these delays on the pandemic, and whilst Covid-19 has a role to play in creating a backlog of cases, even before the pandemic the time taken for a standard claim to reach a final hearing had slipped by an extra three months when compared to the previous year. The percentage of cases with last minute adjournments is also increasing, resulting in frustration for clients and duplication of work for lawyers.
Given this recent increase in the backlog, it is obvious the situation will not be resolved without a radical shift in thinking. One that tackles underfunding and the lack of resources and support for civil justice.
These court delays are obviously having a significant impact on clients. People who are victims of accidents are already fearful of using the court system and usually find the whole experience incredibly stressful.
Now, with the knowledge that their claim is likely to be subject to extensive delays and will take months just to be timetabled, let alone heard, many more people will be put off from using the court system. Faced with ever growing delays, injured people will, more than ever, feel forced to accept low ball offers from defendants. In the current cost of living crisis, where financial pressures are high, this situation will likely be exacerbated.
For personal injury claimants, another issue is that there remains no sign of guidance on mixed injury cases involving both a whiplash and non-whiplash injuries. Clients are presented with a Hobsons choice of accepting an offer which is probably too low, but might not be, entering a new litigation process or waiting an indeterminate amount of time for clarity. Its unsurprising that many people are choosing to take the money and run.
Moreover, significant regional differences in court delays have also been identified.
Recent research covering 8,500 fast track and multi-track claims found clients in Chelmsford are having to wait over 426 days for cases to complete the first Case Management Conference, Reading 424 days and Bournemouth 394 days. Even in the best performing region of England, consumers in Yorkshire and Humber have to wait 236 days.
The crux of civil justice is severely undermined by the regional difference showing a lack of consistency and the overall delays, failing clients and the quality standards of our public services.
Whilst the government are rightfully progressing a digital agenda and stepping up the work on Alternate Dispute Resolution, these initiatives are medium term solutions and will not clear the immediate problems in the system.
What the civil court system needs now is an immediate increase in resources as well as a step up in the pace of strategic reform. A focus on reducing case durations and reduced adjournment is long overdue.
Failure to act now will only impact clients and further hamper their ability to get their lives back on track and recover the compensation they deserve in a timely manner.
Jonathan White is the legal and compliance director at National Accident Helpline
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