"Dire and requires urgent attention"
On Monday 21 July, the Justice Committee of the House of Commons published a scathing report on the “Work of the County Court” sadly confirming what most litigators have known and experienced for a significant number of years. The report has recommended “an urgent and comprehensive, root-and-branch review of the County Court…to establish a sustainable plan for reducing the systemic delays and inefficiencies". This review is most welcome.
As a property litigator, on a daily basis, I see significant delays and multiple inefficiencies in how the court operates. In the last few months, I have had cases sent between different courts without explanation, wait times of over a year for a bailiff appointment and orders being sent directly to my client despite being on the court record as acting and separately confirming the address documentation should be sent to. I could go on. I know that, if I need to make a call to the Civil National Business Centre, the central call centre, it will take at least an hour for my call to be answered and once answered, it's often the case that I receive an unsatisfactory answer to my call. The report confirms that this experience is not uncommon.
Currently, a huge amount of time is wasted by litigators in dealing with the court. Who pays for this? As the report identifies, the maxim “justice delayed is justice denied” has never been more relevant. When the Renters' Rights Bill becomes law, the work of the County Court is likely to significantly increase causing further substantial delays for clients seeking to obtain possession of a property, often in circumstances when the tenant is failing to pay rent or there is another pressing demand for possession.
A big part of my job as a property litigator is managing clients' expectations when it comes to how the court will operate and how long it is likely to take for matters to progress and conclude. It's a frustrating message to keep relaying to clients. I am keeping everything crossed that the report recommendations can be implemented and result in a County Court that operates without delay and inefficiency….