Court delays create challenges for businesses

Data from the Ministry of Justice reveals that small claims court waiting times in Sussex have surged by as much as 36% in the first quarter of 2025 compared to the same period last year, making it increasingly difficult for businesses to pursue unpaid bills. Horsham claimants are currently waiting nearly a year-and-a-half for their cases to be heard, while those in Lewes are facing delays of around 16 months. 

Worthing, Hastings, and Brighton residents have waits ranging from 12 to 14 months. Cameron McCoig, litigation solicitor at Mayo Wynne Baxter, expressed that anyone involved in small claims litigation will have no doubt experienced these delays first-hand, noting that last-minute cancellations after waiting months for a hearing are also far too common. He explained that contact with a court now goes through a central call hub where the clerks know little about specific cases. “An estimate of 12-18 months to see a claim to conclusion is, in my view, realistic,” Cameron added, acknowledging that the delays inevitably increase both costs and the emotional impact of what is already a stressful experience. 

Many claimants feel left in limbo, as they are stuck waiting for justice with no clear end in sight. This uncertainty may deter some from pursuing claims altogether. Numerous small and medium-sized businesses rely on the small claims court process for recovering unpaid bills, so the delays negatively affect the wider economy. Cameron warned that non-paying defendants can “play the system” to extend credit terms, which creates further pressure on those trying to stay afloat. The Ministry of Justice attributes the backlog partly to the lingering effects of the Covid-19 pandemic but recognises the need for systemic reform. It has committed to recruiting 1,000 new judges and tribunal panel members by the end of 2025 and expanding remote hearings to help alleviate the backlog. Additionally, the Ministry has mandated free mediation for money claims under £10,000 to expedite dispute resolutions and reserve court time for more complex cases. 

Cameron stated that while the delays may, in part, be attributed to the backlog caused by the pandemic, there is little sign of improvement five years on, adding that the system was already in poor health before Covid-19. He welcomed the Ministry of Justice’s promotion of alternative dispute resolution schemes and its plans for judicial recruitment but cautioned that any court threat is currently diluted. “While alternative dispute resolution methods can help, many parties are being forced down that route simply because the court system is no longer functioning efficiently,” he concluded. Nonetheless, there is hope that increased judicial recruitment will ease the strain on the courts and improve the experience for all users

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