Claimants in money disputes experience an average waiting period of 60 weeks in small claims court, causing delays.

Claimants with money disputes are facing extensive delays in receiving justice, with small claims court backlogs worsening. In January-March 2023, the average wait time for a small claims case to be heard was 51.9 weeks. This backlog of cases has resulted in consumers waiting months or even years for resolution in matters such as road traffic injury payouts, faulty goods compensation, and disputes between tenants and landlords.

The majority of money claims fall under the civil category and are heard in one of three County Court tracks: small claims, fast track, and multi track. Small claims handle disputes under £10,000, fast track deals with straightforward cases of £10,000 to £25,000, and multi track handles cases exceeding £25,000.

According to the latest figures from the Ministry of Justice, waiting times for small claims cases have increased by about one week compared to the same period in 2022. For fast-track and multi-track claims, waiting times have risen to 79.9 weeks, an increase of 6.3 weeks from the first quarter of 2022. Of the backlog, approximately 89% consists of money and damages claims.

Personal injury law firm Express Solicitors cited a case in which a client had to wait over three-and-a-half years for their first court hearing, illustrating the catastrophic impact these delays can have on claimants. The prolonged waiting period incurs significant costs, which may amount to thousands of pounds and are largely unrecoverable. The psychological toll is also significant, as many claimants are unfamiliar with the court process and experience sleepless nights.

The Ministry of Justice attributes the delays to a backlog of cases resulting from the Covid-19 lockdowns. Prior to the pandemic, there were 20,177 full-time court staff members. However, due to furloughs and staff resignations, the number had declined to 16,714 by 2021.

In response to the situation, HM Courts and Tribunals Service has implemented measures to expedite access to justice, including the recruitment of additional district judges and the digitization of court processes. Furthermore, the use of mediation is being promoted to facilitate dispute resolution outside the court system.

Matthew Maxwell Scott, executive director of the Association of Consumer Support Organisations, noted that years of government cuts and neglect have led to the decline of the civil justice system in the UK. These concerns are further supported by the latest World Justice Project report, which ranked the UK 20th in terms of accessibility and affordability of the civil justice system, down from 13th place.

In conclusion, claimants seeking resolution for money disputes face lengthy wait times, exacerbated by a backlog of cases and inadequate court resources. Urgent measures need to be taken to address the broken system and restore the accessibility and efficiency of the civil justice system.

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