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Huge delays to civil justice as people wait nearly three years on average for some cases to heard at Medway, Maidstone and Canterbury courts

A huge backlog of civil court cases has meant some claims are taking years to be heard, with people in Kent “enduring the very worst delays”.

Some claimants in the county have faced huge waits of nearly three years for a resolution to their issue, new statistics show.

Medway County Court, based at Gun Wharf, has been hit by delays. Picture: HMCTS
Medway County Court, based at Gun Wharf, has been hit by delays. Picture: HMCTS

At Medway County Court, which moved to Medway Council’s headquarters at Gun Wharf, Chatham in 2022, the average wait was two years and 11 months for cases not classed as small claims to be heard.

According to the latest Ministry of Justice figures, county court claims from October to December 2023 were up 11% to 402,000 nationally.

The mean time taken for small claims and multi/fast track claims to go to court was 12 months and a year and seven months respectively.

Jonathan Scarsbrook, who serves as president of the Association of Personal Injury Lawyers (APIL), said Kent was badly affected.

“During any delay, justice is at a standstill,” he said. “Hold-ups have increased nationally, but in Kent people who need to use the court are enduring the very worst delays.”

Jonathan Scarsbrook, president of the Association of Personal Injury Lawyers has raised concerns about the length of delays in Kent
Jonathan Scarsbrook, president of the Association of Personal Injury Lawyers has raised concerns about the length of delays in Kent

People using Canterbury County Court also faced huge delays.

The average wait for a case to be heard there is two years and nine months.

Mr Scarsbrook added: “Cases held up for so long are likely to involve people who have been seriously injured due to others’ negligence.”

“They will be fighting for answers as to who was at fault for what happened to them.

“They may have life-changing injuries from a road crash caused by another driver for example, and securing compensation through a county court may be vital to fund the case they need that is not available the NHS.”

Medway County Court recorded the longest wait of any in the county
Medway County Court recorded the longest wait of any in the county

At Maidstone County Court, the average time from issue to the case being heard was two years five months - nine months longer than the national average.

APIL has raised its concerns over the delays with the House of Commons Justice Select Committee, which is currently holding an inquiry into the work of the county courts.

According to Ministry of Justice figures, the average wait across the whole of England and Wales measured in the fourth quarter of last year was a year and a half for fast/multi-track claims, placing Kent among the worst for delays.

There are three types of tracks – small claims, fast track, and multi-track.

If you have a case where the debt is below £10,000 in England and Wales, it will most likely belong to a small claims track.

Fast Track is reserved for claims between £10,000-£25,000, and claims for an amount more than £25,000 as multi-track.

Mr Scarbrook said that a shortage of judges was one of the causes of the delays. He said: “We have even known hearings to be cancelled on the day they were due to go ahead because no judge was available.

“England and Wales once had a justice system which was held up as an example to all others.

“But now we have a system which is fraught with delays, is short-staffed, and with court buildings which are in a state of disrepair.

“In a modern and just society, we should be able to expect a fully funded and supported court system which provides access to justice to all who need it.”

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