Small claims court delays worsen in Brighton and Hove

Waiting times for small claims trials have increased in Brighton and Hove, new figures show.

The Association of Personal Injury Lawyers said that people in need of justice were facing “unacceptable delays” for their day in court.

New figures from the Ministry of Justice showed that the average waiting time for a small claims case in the first quarter of this year to be heard at Brighton County Court was 14 months.

This was higher than the same period a year earlier, when it was just under 13 months – one year and 27 days – and higher than the national average.

It was also higher than the eight months and 11 days in 2020, before the coronavirus pandemic added to delays across the justice system.

Across England, the average wait from a claim being issued to the hearing or trial starting was 11 months and 13 days – a slight decrease on the 11 months and 24 days a year earlier.

However, it is still significantly higher than the average wait of nine months and three days in 2020.

Small claims cases deal with contract breaches, often when a person is trying to get their money back for a faulty product, poor service or personal injury.

They are heard in county courts when the sum involved is less than £10,000.

Matthew Tuff, president of the Association of Personal Injury Lawyers, said that while the government was taking action elsewhere in the justice system, “civil justice must not be forgotten”.

He said: “People who turn to the county courts in their time of need are being met with unacceptable delays, a lack of court staff and crumbling buildings.

“While cases are delayed, justice is at a standstill and victims are unable to get their lives back on track.

“Someone who has suffered harm because of negligence, perhaps at work or on the road, is just as much a victim as a victim of crime.”

The data also showed higher-than-average waits for fast, multi and intermediate track trials at Brighton County Court which are used for more serious issues.

The waiting times averaged one year, nine months and 19 days – higher than the national figure of one year, five months and five days.

Richard Atkinson, president of the Law Society of England and Wales, said that government investment to recruit more court staff would “help reduce delays and contribute to enhancing access to justice”.

He added: “We continue to call for regular data on the court estate to be shared to help transform the issue of court maintenance from a reactive process to a proactive one.

“It would enable courts to better predict maintenance failures, allow for improved processes and be cost-efficient.”

In total, there were 160 small claims cases allocated at Brighton County Court in the three months to March – fewer than the 183 a year ago and fewer than the 180 in 2020.

The Ministry of Justice said that it was supporting the busiest courts by allowing judges to hear cases remotely.

The ministry added: “Around 97 per cent of county court claims are resolved without the need for a trial but we are taking action to ensure those that do are dealt with quickly.

“We are investing in the recruitment of about 1,000 judges and tribunal members this year across all courts and tribunals, have funded 74,300 sitting days in the civil courts for 2025-26 and are holding more remote hearings.”