Maxwell Scott: Scathing report
The legal profession has strongly backed the recommendation of the justice select committee for an urgent review of the county court.
Yesterday’s damning report concluded that the county court is a “dysfunctional operation that has failed to adequately deliver civil justice”, and that it was “not tenable to continue without fundamental reform”.
A Ministry of Justice spokesman said it would consider the findings and respond “in due course”.
He added: “We are tackling the delays in the county court system by investing in the recruitment of up to 1,000 judges and tribunal members this year across all courts and tribunals, funding 74,300 sitting days in the civil courts for 2025/26 and holding more remote hearings.
“We have also driven digitisation of the system to remove paper processes and improve user experience.”
But the report found that the court modernisation programme was “over-ambitious and ultimately under-delivered” in transforming the county court – by the end of it in March, only 23% of civil cases were digital end to end – while the continued reliance on paper was a “serious cause” of delay.
Matthew Maxwell Scott, executive director of the Association of Consumer Support Organisations, said that “rarely has a committee report been more scathing in its assessment of failures by successive administrations”.
He went on: “The new government must show by the end of this Parliament that it can turn things around…
“Politicians lured by the siren call of prisons and criminal policy should remember that it is the civil system which affects more peoples’ lives. The pursuit of the growth agenda can only be helped by making sure that those who need the civil courts can make use of them and resolve their disputes.”
Law Society president Richard Atkinson agreed with the committee that “the wheels of justice are turning too slowly, causing backlogs that have a devastating impact on the people caught in them”.
More than half of solicitors surveyed by the society did not believe that the new online portals were effective in delivering justice, with the main impact being delays to the wider justice system.
“Court buildings need repairs, systems and technology must be fit for purpose, and civil legal aid needs urgent investment across all areas. Robust data collection should track and drive systemic improvements,” he said.
“If the government properly funded our courts and those who work in them, thousands of people would be freed from the legal limbo caused by long waits.”
Matthew Tuff, president of the Association of Personal Injury Lawyers, described the committee’s call for a root-and-branch review of the county courts as “entirely sensible”.
He continued: “The committee’s report is a depressing read, but there are no surprises. Users of the courts are all too familiar with crumbling buildings and long delays.”
But Stuart Hanley, director of legal practice at leading injury firm Minster Law, said: “While we welcome the committee’s report and support its call for reform, the reality is that the industry cannot afford to wait for government action.
“It remains incumbent upon all of us in the personal injury sector to collaborate in seeking solutions that benefit everyone, including more effective use of mediation tools and protocols, such as ADR. Upholding access to justice, despite persistent court backlogs, is a shared responsibility we must all embrace.”
The County Court system has been the target of cynical political and financial starvation for the past 3 or 4 decades so far as I have been aware as a now retired litigation Solicitor.