'Small claims court delays cause chaos and trauma'

Lucinda Adam
BBC Sussex, political reporter
BBC Builder Anthony Harman stands in the foreground looking at the camera. He has short light brown hair and a goatee beard. He wears a sports shirt that's white with grey and yellow patterns. Behind him is a house covered in scaffolding with steps approaching the front door. BBC
Builder Anthony Harman says the small claims court system is "broken" and judges should be replaced with expert panels to speed things up.

A builder from Sussex says waiting since last year for his small claims court case to be heard has caused him "so much chaos and so much trauma".

Anthony Harman's expressed anger over court delays as Ministry of Justice data said waiting times in Sussex have increased by up to 36% for the first quarter of the year, with people in Horsham now waiting almost 18 months for cases to be heard.

Mr Harman, from Hove, says judges should be replaced by expert panels to rule on claims to speed up the process.

The Ministry of Justice said it's investing in a thousand judges and tribunal members, and increasing remote hearings to speed up cases.

Cases in Lewes are taking about 16 months to be heard, and claimants in Worthing, Hastings and Brighton wait between a year and 14 months.

Mr Anthony Harman's case relates to work he did last year.

He said he was "a very positive person" but his case has made him "very angry at times".

"The justice system is meant to make people fear justice, but also to give them hope that justice will prevail," he said.

Mr Harman said some tradespeople need to borrow money to cover their loss of income while they wait and the costs of making a claim.

He added: "You've got the interest on the loan. You've got the trauma, the stress, all that stuff that leads up for a whole year, which is damaging for your health, both physically and mentally."

'Courtroom not needed'

Mr Harman, who's been a builder for 11 years, believes reforming the system to move away from using legally trained judges to rule on civil business matters would speed up the system.

He said: "I've seen people in the industry that have gone through the same path as me and they've given up after two or three months because they can't cope with that burden of the money they're owed.

"And some people won't even go through the court system because they know it's that bad.

"Realistically it doesn't need a courtroom, it doesn't need a judge."

In a statement the Ministry of Justice said around 97% of county court cases are resolved without going to trial, and since 2024, anyone making a money claim under £10,000 must first attend free mediation before going to court.

It said this helps people resolve disputes faster and keeps court time free for more complex cases.

It said it was also funding 74,300 sitting days in the Civil Courts for 2025/26.

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