Multi track claims are now taking almost four months longer to reach trial compared with pre-Covid times, new figures have revealed. The mean time taken for multi/fast track claims going to trial has risen to 75.5 weeks – some 16 weeks longer than in 2019.

The figures capture civil justice statistics for the period from July to September this year and reveal continuing struggles to reduce waiting times, despite the number of new claims falling. Much of the public attention has been on criminal justice delays, but the problems are no less acute in the civil sector.

The mean time taken for small claims to go to trial was 51.2 weeks, 0.6 weeks longer than the same period in 2021 and 13.1 weeks longer than in 2019. The number of judgments was down 21% on the same quarter in 2021, with 225,000 being handed down of which 91% were default judgments.

According to the Ministry of Justice the figures are skewed because the cases used in timeliness measures include a disproportionate number of more complex ones. It added: ‘Covid-19 and associated actions have led to an uptick in time taken for all claims to reach trial.

‘Prior to this, a sustained period of increasing receipts had increased the time taken to hear civil cases and caused delays to case progress. Additional venues have been provided to add temporary capacity to hear cases and help the court and tribunal system to run effectively.’

Delays are growing despite the workload of the civil court system appearing to reduce. County court claims from July to September 2022 were down 4% on the same period in 2021. The number of claims was 29% less than in the same quarter in 2019.

There were 61,000 claims defended (down 14%) and 13,000 claims that went to trial in July to September 2022 (down 5%) compared with the same quarter in 2021.

The Association of Consumer Organisations found through a freedom of information request that the number of judicial sitting days increased nearly 50% between 2020 and 2021, from 2,071 to 3,082 – making the delays to the system even more difficult to explain.

ACSO executive director Matthew Maxwell Scott said: ‘On this government’s watch the civil justice system has become a Cinderella service, with our country’s historic reputation for the rule of law seriously threatened.

‘Most citizens who require the law go through the civil courts, and they should have confidence that their claims are heard quickly, so that settlement can be made and they can get on with their lives. In fact, the opposite is happening, yet there is little evidence from these latest statistics that ministers and officials are really gripping the issue.’

A Ministry of Justice spokesperson said: 'We’re investing millions to deliver swifter justice – this includes removing sitting day limits, opening extra courtrooms, recruiting more judges, and rolling out digital hearings. 

'We’re seeing positive signs that the civil justice system is returning to pre-pandemic levels and our action will drive this recovery further.'