A survey of the UK county court system undertaken by the Property Litigation Association has laid bare litigators’ concerns about the state of the system.
The PLA surveyed its 1,600 members – litigators from law firms of all shapes and sizes across the UK who specialise in commercial and residential property litigation – asking for their feedback on the county courts. The results were stark:
- More than 80% of respondents said their current perception of the county court was either poor or very poor. Only 4% thought it was good.
- 98% of respondents had experienced problems due to delays in claims being dealt with by the court, with more than half having experience of lost files or hearings being cancelled at short notice.
- 98% of respondents had difficulties contacting the court by phone and 75% favoured the return of an in-person counter service.
For anyone who has had experience of litigation in the county courts, which for the property industry could be rent arrears claims, possession claims and lease renewals under the Landlord and Tenant Act 1954, the results will perhaps not come as a great surprise.
Lack of resources
It is no secret that, despite a sustained high volume of county court claims, the court system has seen its budgets cut repeatedly over recent years, with funding having been reduced by almost a quarter in real terms between 2010 and 2019.
During the same period, some 90 county courts were permanently closed, with their workloads being reallocated to those remaining (and in many cases already over-stretched) county court centres.
Operating under these pressures, it is no shock that many litigants see the courts as being close to breaking point. Anecdotally, it seems clear that litigators’ frustrations are not aimed at the court staff and judiciary, who are seen to be doing their best in extremely challenging circumstances. Rather, the problem is one of resourcing: staff are simply stretched too thinly and, in those circumstances, delays and backlogs are inevitable.
A digital solution?
Technology may be part of the answer. In June 2023, the Ministry of Justice launched an online procedure rules committee aimed at “the creation of an end-to-end digital journey allowing people to resolve their disputes more quickly and efficiently”.
Investment in new technology is clearly needed and some changes are already helping. HM Courts & Tribunals Service has already digitised some processes for simple debt and damages claims. The use of remote hearings is also here to stay, with many PLA members recognising the benefits of online hearings for simple procedural matters.
However, new technology alone will not solve all of the challenges that PLA members raised. It was striking that, when asked about changes which could make the biggest impact, many PLA members yearned for the days of more direct means of contact. It was once possible to pick up the phone or even turn up to a court counter in person and speak to an individual who could look at the case file and provide up-to-date information and assistance in “real time”.
Sadly, there is no prospect of a return to those halcyon days without very substantial investment.
Essential investment
Clearly, we need to be realistic. There is no magic wand – or, for that matter, a magic money tree – and justice sits in a long line of public services, each seeking their share of the increasingly strained public purse.
However, British justice has always been one of the UK’s most prized exports, and that will not remain the case without investment. That means investment not only in the High Court, where oligarchs and princes come to resolve their disputes, but also in the county court: the workhorse of civil justice.
For the property industry dealing with cases such as rent arrears and 1954 Act lease renewals, delays create uncertainty and additional cost for all players. And, in the case of opposed lease renewal claims, it can even halt development in its tracks.
Indeed, it seems that the role of the county court for the property industry is going to be more critical, not less. Through the much-publicised Renters (Reform) Bill, the government has committed to abolishing so-called “no‑fault evictions”.
In practice, this means that landlords will only be able to evict residential tenants on the basis of one of a limited number of specified grounds and, ultimately, only with a court order confirming a ground has been made out.
The government has recognised that this will create a substantial additional workload for the county courts. In October 2023, it specifically stated that the ban on no-fault evictions would not come into force until sufficient progress had been made in improving the court system (specifically in the form of “end-to-end digitisation” of possession claims).
However, just last month, Michael Gove confirmed that no-fault evictions would be “outlawed” before the next general election, leaving precious little time to implement the necessary court improvements.
It is very clear from the PLA’s survey results that the county court system is ill-equipped to deal with its existing caseload, never mind a new influx of cases. While the solutions may not be easy, the message at least is clear: the county court system needs an urgent and substantial injection of long-term funding and it needs it now.
Paul Tonkin is a partner at Hogan Lovells International LLP and chair of the PLA’s Law Reform Committee; Lauren King is a senior knowledge lawyer at Bryan Cave Leighton Paisner LLP and a member of the PLA’s Law Reform Committee
Image © Michael715/Shutterstock
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