Access Legal from Shoosmiths

Minister for Justice announces court closure plans

By Richard Brett
Published: 05:01PM BST 05 Jul 2010


Kenneth Clarke, the Minister for Justice, has announced plans to close 103 magistrates' courts and up to 54 county courts.

His announcement comes on the back of the emergency Budget, in which massive public spending cuts were announced, though plans to reduce court numbers are said to have been in the offing for some time.

If the cuts go ahead, they could have a direct impact on consumers.

At Access Legal from Shoosmiths, we have high numbers of personal injury claims going through the county court system at all times, and we deal with magistrates courts for motor prosecution defence work.

In respect of the county court, the majority of claims for personal injury compensation following any type of accident will, if settlement cannot be agreed by negotiation, need to be issued in the county court.  Similarly, if the defendant against whom the claim is being made refuses to admit responsibility for causing the injury, proceedings will be issued. 

Once proceedings are issued, the timetable by which the claim progresses is set by the court.  In a straightforward road traffic accident claim, it can often take between five and seven months from the date of issuing proceedings before a date for a final hearing is fixed.

Whilst it's always possible for a claim to settle at any stage between issuing and trial, in cases where this does not happen the delay is unavoidable. We've also experienced a high number of cases where the first hearing date is actually then cancelled or moved to a different court, often at the eleventh hour, because the particular court where the hearing was supposed to take place doesn't have sufficient space or the required number of judges available. 

It goes without saying that a reduction in the number of courts is likely to mean more delays in claims progressing through the court system.

It's also inevitable that some people will be required to travel further to attend a hearing on their claim. For our clients this may not be a major issue, as they have a vested interest in attending court and seeing their claim through to the end.

However, it may have an impact where, for example, we're asking other witnesses to attend trial to give evidence. Many witnesses are often already reluctant to attend court due to cost and having to take time off work, and if they're being asked to travel further, it may be harder to ensure their cooperation. 

The Magistrates' Association understands that the justice system must form part of the reduction in government spending, but how far should this be taken?

Closing the courts is likely to save the Government more than £37m in running costs and maintenance, which is a significant amount in the current economic climate and the need to make savings.

It seems sensible to close those courts which are unfit for purpose or those which are frequently underused, but the closure of other courts can lead to longer and more expensive journeys for victims and witnesses, as well as for defendants. This may deter people from attending and have a significant impact on justice.

In the last three years our magistrates' courts have experienced budget cuts of 7.5% each year, leading to shortages of staff and consequently longer waiting times for hearings. Further cuts can only add to these delays.

Magistrates' Association chairman John Thornhill has said: "The Association has already proposed innovative and cost-effective procedures for delivering community justice. We look forward to discussing such proposals with the Government to develop a cohesive justice system in which crucial decisions on dealing with those who offend against fellow citizens are dealt in a consistent manner by the dedicated 29,000 magistrates properly trained for this vital role." 

Kenneth Clarke has committed to keeping the courts in what he calls the 'strategically important locations', but the courts being axed are important to the local community which they support.

Having to attend a different, often bigger, court in a different town, whether a victim, witness or defendant, can be intimidating, difficult and expensive. Sadly, it may be the case that for many, no local justice means no justice at all.

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