Parties driven out of district court due to listing blocking backlogs, PI lawyer tells Justice Committee MPs

Litigants forced to abandon their day in court due to over-quotations are having claims under-resolved because they cannot face a return, MPs have been told.

Giving evidence to the House of Commons justice committee on Tuesday, barrister Elizabeth Gallagher said the delays imposed by the courts’ block list are now preventing people from seeking access to justice.

Gallagher, a member of the Personal Injury Bar Association, said courts are listing cases beyond the capacity of available judges, expecting cases to drop out.

But when most go to court, a logjam leaves clients baffled and lawyers often out of money.

“The problem is that people settle for undervalue because they can no longer cope with the process,” says Gallagher of Temple Garden Chambers. “There is a resolution, but it is not a satisfactory solution and it is not really justice because it is not about what is right based on the facts. It often feels like people are twisting their arm behind their backs.’

Gallagher cited the Bedford County Court as having a specific problem with the block list. As many as 12 emergency cases are routinely listed to be heard by two district judges, for trials likely to last at least half a day.

If everyone shows up, she says, lawyers and their clients have to share three conference rooms, and many end up on the stairs because they have nowhere else to go. “It’s just a fact that there are not enough judges to hear all the cases – that’s why everything is being withdrawn due to a lack of judicial availability,” she added.

Emily Giles, a housing lawyer at the Hyde Group, a not-for-profit housing association, agreed that it was a major problem that trials were halted due to a lack of judges.

She recalled a particularly sensitive case that was listed for Chichester but was moved to Worthing that day and then transferred again to Brighton at the last minute.

“Our client had to deal with some very concerned neighbors who agreed to come forward and give evidence, and here we are 18 months later and still trying to resolve the case,” she added.

Witnesses agreed there was ‘no point’ in making a complaint to the HM Courts & Tribunals Service.

The committee, which is examining the state of the district court estate, heard that waiting times for expedited trials are now six months longer than in 2019 – despite the decline in claims during the pandemic.

Accessibility remains a major problem; ten district courts are considered unsuitable for wheelchairs. Gallagher said it is “outrageous” that a public building might not be accessible, especially if it would exclude disabled members of the profession who cannot get to court.

She added that some district courts were “literally crumbling” and gave the example of Romford, where the ceiling has fallen through and parties entering the courtroom past the hazard are “being told to flee”.

The committee will listen to HMCTS and government officials in the coming weeks.