ACSO calls for urgent action as civil justice delays persist

The statistics reveal that the average time for small claims to reach trial is 50.6 weeks—only two weeks faster than the same period in 2023. For multi/fast track claims, the wait has worsened, increasing by 1.2 weeks to an average of 79.3 weeks.

ACSO Reaction and Call for Reform

Matthew Maxwell Scott, Executive Director of ACSO, acknowledged minor improvements in small claims but stressed that the system remains far behind pre-pandemic levels. He urged the new Ministry of Justice (MoJ) ministerial team to prioritise civil justice, warning that most citizens’ legal interactions occur in this sector, which has been overshadowed by the focus on criminal justice in recent media and political discussions.

Maxwell Scott emphasised the need for immediate action and outlined several key reforms:

• Focus on civil justice, with adequate funding and momentum behind court reform programs.
• Explore alternative dispute resolution models, including leveraging new technologies to improve accessibility and trust.
• Increase transparency around waiting times, court processes, and the impacts of delays.
• Set clear targets for reducing delays.
• Foster collaboration between the MoJ, the legal sector, and stakeholders to develop a cohesive approach to reform.

He stated, “We all want the same thing: a better deal for taxpayers,” stressing that improving access to justice would restore public confidence in the system. He urged the incoming justice team to address these issues as a matter of urgency, arguing that tackling civil justice delays would make the biggest positive difference for the greatest number of people.

Concerns from Legal Industry Leaders

James Maxey, CEO of ACSO member Express Solicitors, echoed Maxwell Scott’s concerns, specifically criticizing the inefficiencies in the current system that leave claimants stuck in limbo. Maxey pointed out that the transition to the Ministry of Justice’s digital service has not significantly improved waiting times for claims to be allocated to local courts.

A particular inefficiency, Maxey noted, lies in the printing of digital claim documents and mailing them to local courts, which leads to unnecessary delays. He also highlighted challenges with contacting the Civil National Business Centre (CNBC), where long wait times and inadequate responses compound frustrations. "This is not an efficient system that is fit for purpose for use by our clients," Maxey remarked, urging the incoming government to address these inefficiencies.

Serious Injuries and Fast/Multi Track Delays

Adrian Denson, Chief Legal Officer at Fletchers Solicitors, also expressed disappointment, particularly regarding the increase in delays for fast and multi-track cases, which often involve serious injuries. Denson emphasised the importance of timely resolution for seriously injured individuals who rely on court-awarded damages for crucial support. The two-week increase in court delays, he said, exacerbates an already troubling situation for those who need swift justice and financial compensation. "This worsening state of the court system is deeply worrying," he added.