National statistics

Civil Justice Statistics Quarterly: July to September 2020

Published 3 December 2020

1. Main Points

---

Covid-19 and associated actions have had an impact on all civil actions	This quarter, civil justice actions continue to remain below pre-Covid-19 levels. However, compared to last quarter, a marked recovery is noted for some actions following the impact of measures undertaken by the courts.
Decrease in County Court claims driven by specified money claims	In July to September 2020, County Court claims were down 47% on the same period in 2019, to 289,000. Of these, 222,000 were specified money claims (down 50%).
Unspecified money claims were up 19% to 38,000	The increase in unspecified money claims was driven by an increase in Personal Injury claims (up 13% to 32,000).
The number of claims defended and number of trials has decreased	There were 62,000 claims defended (down 21%) and 11,000 claims that went to trial in July to September 2020 (down 37%).
Mean time taken from claim to hearing has increased	The mean time taken for small claims and multi/fast track claims to go to trial was 48.8 weeks and 62.0 weeks, 10.7 weeks longer and 2.6 weeks longer than the same period in 2019 respectively.
Judgments were down 59% whilst default judgments were down 60%	Judgments were down 59% (to 138,000) in July to September 2020, compared to the same period in 2019; with 88% of these being default judgments.
9,000 enforcement applications and 7,100 enforcement orders made	Enforcement applications were down 65% while enforcement orders were down 57%.
13,000 warrants were issued	Warrants issued were down 88% when compared to same quarter in 2019 - driven by a decrease in warrants of control.
2,200 judicial review applications in 2020 to date	There were 2,200 Judicial Reviews in the first three quarters of 2020, down 16% on the same period in 2019. Of the 1,100 cases in 2020 that reached the permission stage, 130 (12%) were found to be ‘totally without merit’.
	A more granular view of the JR data by department and case type can be found in the newly developed data visualisation tool found here. Feedback is welcome on this tool to ensure it meets user needs.

---

This publication gives civil county court statistics for the latest quarter (July to September 2020), compared to the same quarter of the previous year. The judicial review figures cover the period up to July to September 2020. For more details, please see the supporting document.

Statistics on the Business and Property Court for England and Wales have also been published alongside this quarterly bulletin as Official Statistics. For technical detail, please refer to the accompanying support document.

For general feedback related to the content of this publication, please contact us at: CAJS@justice.gov.uk

2. Statistician’s comment

---

The impact of Covid-19 continues to be seen across all Civil Justice data this quarter. While the start of recovery has been noticeable, for example in claim and defenses volumes, this increase has been gradual and volumes are still below previous years. This is evident in the volume of cases that have gone to trial this quarter (11,000) which is more than twice as many as it was last quarter (4,300) but approximately two thirds of what it was in the same period last year (17,000). As society and the economy continue to recover from the impact of Covid-19, it is expected that claims volumes will eventually return to historic trend levels and may even temporarily exceed the pre-Covid-19 volumes as the backlog of claims is processed. However, volumes are likely to be somewhat suppressed for as long as Covid-19 restrictions remain in place.

To help the system cope with demand, additional venues – referred to as Nightingale courts – have been provided to add temporary capacity to hear cases and help the court and tribunal system to run as effectively and safely as possible during the coronavirus outbreak. We are working with representative bodies to understand the expected demand and will continue to monitor future trends in both volumes and timeliness.

While these statistics are still believed to be of interest to the public, it is worth noting that the significantly reduced volumes of claims being registered mean that the data is unlikely to be representative of general trends in civil actions.

Caution should therefore be used when interpreting and applying these figures.

---

3. Claims Summary

---

County court claims were down 47% on the same quarter of 2019, driven by money claims.

There were 289,000 County Court claims lodged in July to September 2020. Of these, 260,000 were money claims (down 46% from July to September 2019).

Non-money claim volumes were at 29,000, down 58% when compared to the same quarter last year.

Mortgage and landlord possession claims were down 89% over the same period to 4,100, ‘other non-money claims’ were down 23% to 24,000 and claims for return of goods were down 64% to 1,000.

---

Figure 1: County Court claims by type, Q3 (July to September) 2015 to Q3 (July to September) 2020 (Source: table 1.2)

In the most recent quarter, total claims were down 47% compared to the same period in 2019 (from 550,000 to 289,000). Of these, 260,000 were money claims, down 46% from July to September 2019 (from 481,000). Money claims made up 90% of all claims in July to September 2020 in comparison to 87% of total claims in July to September 2019 (up 3pp).

Prior to the previous quarter, County Court claims had been generally increasing from 2015, reaching a peak of 565,000 claims in April to June 2017. This increase was driven by a rise in money claims, which make up the majority of claims received. Prior to 2020, claim volumes have been relatively unchanged but volatile, with this volatility driven by a few “bulk issuers” slowing down and then ramping up their volume of claims. Claim volumes decreased significantly following the outbreak of Covid 19, with volumes this quarter representing only a partial recovery towards pre-Covid levels.

Non-money claims have been generally decreasing since 2015. While these showed less of an impact following Covid-19 in contrast to money claims, the recovery of the volumes of non-money claims to pre-Covid volumes has been slow. In the current quarter, these claims were down 58% (from 69,000 to 29,000) compared to the same period in 2019.

Within non-money claims, ‘other’ non-money claims have shown a decline since 2018. In the most recent quarter, these were down 23% (from 31,000 to 24,000) compared to the same period in 2019.

The overall trend in Mortgage and Landlord Possession claims has been decreasing since a peak of 60,000 in January to March 2014. There were 4,100 claims in July to September 2020, down 89% compared to the same quarter of 2019 (35,000 claims). This decrease has been driven by a fall in all claims types since March 2020 due to actions following Coronavirus (COVID-19). Further details can be found in the Mortgage and Landlord Possessions publication annex here.

Claims for return of goods increased steadily to a high of over 3,000 in July-September 2018, with this trend stabilising in recent quarters. This quarter, as for other claim types, claims for return of goods were down 64% (from 2,900 to 1,000) in July to September 2020 compared to the same period in 2019.

4. Money Claims

---

Specified money claims were down 50% (to 222,000 claims) in July to September 2020 compared to the same quarter in 2019, driving the overall trend in money claims.

Specified money claims of up to (and including) £1,000 were down 61% over this period to 115,000, driving the overall trend in specified money claims.

Unspecified claims were up 19% to 38,000, driven by a rise in personal injury claims (up 13% to 32,000) compared to the same quarter in 2019.

Personal Injury claims accounted for 86% of all unspecified money claims in the most recent quarter, down 5pp on July to September 2019, when they accounted for 91% of all claims.

---

Figure 2: Specified money claims by monetary value, Q3 (July to September) 2015 to Q3 (July to September) 2020 (Source: civil workload CSV)

Historically, specified money claims reached a peak in October to December 2017, at which point the implementation of the Pre-Action Protocol (PAP) for Debt Claims in October 2017 led to a sharp drop in claims. An increasing trend resumed the following quarter, suggesting that the impact of the PAP on claim volumes was temporary. The main aim of the protocol is to encourage early engagement between parties to resolve disputes without needing to start court proceedings. In the most recent quarter (July to September 2020), there were 222,000 claims, down 50% on the same quarter in 2019 (449,000 claims).

This quarter, the majority (72%) of specified money claims were processed and issued at the County Court Business Centre (CCBC). There were 159,000 such claims at the CCBC in July to September 2020 (down 58% on the same quarter in 2019). CCBC claims have been particularly affected by Covid-19 and associated actions, showing a more significant decrease than other specified money claims, and making up a smaller proportion of specified money claims than in previous quarters (for example, making up 85% of specified money claims in July to September 2019). This is as a result of bulk issuers almost completely ceasing their issue during the immediate response to the pandemic and only slowly starting to increase these volumes this quarter.

The change in specified money claims is driven by lower value claims (under £1,000). These were down 61% in the period July to September 2020, compared to 2019, to 115,000 claims and account for just 52% of total specified money claims in the most recent quarter. This is a significant decline, with this category making up 66% of total specified money claims in July to September 2019. When compared to the same quarter in the previous year, the next claim band (above £1,000 up to and including £5,000) was less significantly affected, down 33% to 83,000 claims. As a result, this value bracket made up 37% of total specified money claims in the most recent quarter, compared to just 28% in July to September 2019.

Prior to this quarter, unspecified money claims have fluctuated between 30,000 and 40,000 claims each quarter over the last five years (since July to September 2015). More recently, the volumes were up 19% in July to September 2020 compared to the same period in 2019 (from 32,000 to 38,000). This was driven by personal injury claims, up 13% from 29,000 to 32,000.

It should be noted that the sharp drop in unspecified money claims last quarter, followed by a peak this quarter is not indicative of a trend in claims being made. Volumes of unspecified money claims received have been largely stable across Q2 and Q3 of 2020 (26,000 and 27,000 respectively). However, claim volumes issued have been impacted by social-distancing restrictions which notably reduced capacity in locations where unspecified claims are processed, leading to longer processing times. Over the last quarter, an increase in resource and added resilience in these locations, has increased the processing of this backlog and resulted in a spike in issued claims this quarter.

---

4.1 County court claims by month and 5-year average

Claims for quarters 1 to 3 of 2020 – which covers the peak Covid-19 period, have been shown by month (figure 2) to further examine the impact of Covid-19 and related actions on claim volumes in county courts.

Figure 3: Monthly county court claims by type, January-September 2019 and 2020, and 5-year average

A pronounced trend is visible for specified money claims; the initial fall in volumes was seen in March (down 29% on 2019 and up 10% on the five-year average), coinciding with wide-scale closure of courts^{[footnote 1]} across England and Wales as a result of Covid-19, and many bulk claim issuers “pausing” new claims following guidance from the FCA^{[footnote 2]}. This was followed by further falls in April and May with just 21,000 and 22,000 claims respectively (down more than 70% on the five year average in both cases).

The first significant uptick was seen in June, with 34,000 claims. Similar rises were then seen throughout Q3 of 2020; with 55,000 and 63,000 claims in July and August (down 43% and down 22% on the five-year average respectively). Finally, in September 2020 claim volumes appear to have largely recovered at 104,000 claims, down 3% on the 5-year average, although down 14% on the higher volumes seen in 2019.

Unspecified money claim volumes did not see such a significant decline; at the lowest points this reached 4,800 claims in April, down 57% on the five-year average. A partial recovery to pre-Covid levels had commenced by June, claim volumes only down 29% on the five-year average. By July, volumes had risen to 16,000, up 17% on the five-year average. Following this, claim volumes declined slightly, returning to volumes consistent with previous years in August and September (12,000 and 10,000 respectively). As for the quarterly figures, these fluctuating volumes are as the result of time between receipt and issue rather than an indication of rising numbers of claims being made.

In contrast, non-money claim volumes saw a significant decline by April, reaching just 5,400 claims, down 76% on the five-year average. Following this, volumes rose slightly through May-July, reaching a high of 10,000 in July, still down 63% on the five-year average. Claim volumes then fluctuated slightly in August and September (8,800 and 10,000 claims respectively), showing no signs of returning to pre-Covid levels at this time.

---

4.2 Allocations (table 1.3)

In July to September 2020, 34,000 money claims were allocated to track, down 32% (from 51,000) on the same period in 2019. A decrease was seen across all tracks, with fast-track allocations showing the largest decline. Compared to July to September 2019, of these allocations:

• 23,000 were allocated to small claims, down 26% on July to September 2019. This accounts for 68% of all allocations (compared to 62% of all allocations in the same quarter of 2019);
• 9,100 were allocated to fast track, down 43% on July to September 2019. This accounts for 27% of all allocations (compared to 31% of all allocations in the same quarter of 2019);
• 2,000 were allocated to multi-track, down 39% on July to September 2019. This accounts for 6% of all allocations (compared to 6% of all allocations in the same quarter of 2019);

---

5. Defences (including legal representation) and Trials

---

The number of claims defended was down 21% to 62,000 compared to the same quarter in 2019.

Of those claims defended, 64% had legal representation for both claimant and defendant, 16% had representation for claimant only, and 4% for defendant only.

The number of trials was down 37% to 11,000 compared to the same quarter in 2019

Average time taken for small claims was 48.8 weeks (10.7 weeks longer compared to the same quarter in 2019) and for multi and fast track claims it was 62.0 weeks (2.6 weeks longer than July to September in 2019).

---

Of those claims defended in July to September 2020, 64% had legal representation for both claimant and defendant, 16% had representation for claimant only, and 4% for defendant only. Almost all (96%) unspecified money defences had legal representation for both the defendant and claimant, compared with 45% of specified money defences.

Changes in representation compared to the same quarter last year is primarily influenced by two factors. Firstly, there was a larger fall in specified money claim volumes in comparison to unspecified money claims, with the latter being more likely to have representation for both parties. Secondly, the representation for specified money defences has also increased, with 45% having representation for both parties, in comparison to 35% in the same quarter last year. This is likely as a result of Covid-19 actions; debt-related specified claims are more likely to be unrepresented, and as many of these ceased, those cases that did get issued are more likely to be those that are represented. It is unlikely that this increase represents a more general trend of increasing representation for specified money defences.

Figure 4: Proportion of civil defences and legal representation status, July to September 2020 (Source: table 1.6)

The total number of claims defended was down 21% in July to September 2020 compared to the same quarter in 2019, from 78,000 to 62,000 cases. This was driven by decreases across all claim types, with the most significant impact from specified money claims being defended (down 22% from 48,000 to 38,000). However, it should be noted that this fall in specified money claims defended (down 22%) is much less than the fall in specified money claims issued (down 50%).

Figure 5: Monthly county court claims defended, January-June 2019 and 2020, and five year average

As with claims, the monthly breakdown of claims defended in figure 5 shows variance throughout the past three quarters. Due to the time taken from claim to defence, the initial decline in defence volumes was not seen until April, where claims defended were down 10% to 19,000, followed by a more significant fall in May to 12,000 defenses. Defense volumes then showed a steady recovery through June and July (14,000 and 17,000 defenses respectively). By August, defense volumes were up 2% on the five-year average (20,000 defended claims) and continued to rise, with September 2020 volumes (25,000 defended claims) being up 20% on the five-year average, as well as up 6% on the higher volumes seen in 2019.

5.1 Trials and Time Taken to Reach Trial (table 1.5)

Defended cases which are not settled or withdrawn generally result in a trial. In total, there were 11,000 trials in July to September 2020, down 37% compared to the same period in 2019. Of the claims that went to trial, 8,100 (74%) were small claims trials (down 35% compared to the same quarter in 2019) and 2,800 (26%) were fast and multi-track trials (down 42% from the same quarter of 2019).

Figure 6: Average number of weeks from claim being issued to initial hearing date, Q3 (July to September) 2015 to Q3 (July to September) 2020 (Source: table 1.5)

In July to September 2020, it took an average of 48.8 weeks between a small claim being issued and the claim going to trial, 10.7 weeks longer than the same period in 2019.

Small Claims have been disproportionally impacted by Covid-19 in terms of timeliness for a number of reasons. These claims have shorter timeframes to begin with, and so delays will be observed sooner in the timeliness figures, whereas delayed Fast and Multitrack claims may not yet have reached a hearing. Small claims may also be less suited to remote hearings as they tend to be in person claims rather than professional users.

Measures put in place to help with the backlog of small claims include; Small Claims Mediation (re-referring cases back to mediation) and Early Neutral Evaluation (where a judge will try and engineer agreement without any finding on the fact). These measures, when successful, result in outcomes which are not used within the timeliness calculations. This means the final cases used in timeliness measures include a disproportionate number of more complex cases which take longer to dispose of.

For multi/fast track claims, it took on average 62.0 weeks to reach a trial, 2.6 weeks longer than in July to September 2019 – continuing to exceed the upper limit of the range 2009-2019 (52 to 61 weeks).

Covid-19 and associated actions have led to an uptick in time taken for all claims to reach trial. However it should be noted that this timeliness is calculated from a significantly reduced volume of cases, and is not necessarily representative of a trend. Prior to this, a sustained period of increasing receipts has increased the time taken to hear civil cases and caused delays to case progress. Additional venues have been provided to add temporary capacity to hear cases, and help the court and tribunal system to run effectively.

---

6. Judgments

---

Judgments were down 59% compared to same quarter in 2019

There were 138,000 judgments made in July to September 2020, in comparison to 342,000 in the same quarter of 2019. Of these judgments, 122,000 (88%) were default judgments.

---

Figure 7: All claims, judgments and default judgments, Q3 (July to September) 2015 to Q3 (July to September) 2020 (Source: tables 1.2 and 1.4)

There were 138,000 judgments made in July to September 2020, down 59% compared to the same quarter of 2019. Of these, 88% were default judgments. The number of default judgments was down 60% (from 305,000 to 122,000) on July to September 2019.

The second largest type of judgment was ‘judge’, of which there were 8,800 in July to September 2020, down 31% on the same quarter in 2019 (from 13,000). ‘Judge’ judgments accounted for 6% of all judgments.

---

7. Warrants and Enforcements

---

Warrants issued were down 88% when compared to same quarter in 2019

In July to September 2020, 13,000 warrants were issued, down 88% from 110,000 in the same quarter of 2019. Of these, 12,000 (92%) were warrants of control, down 86% compared to the same period in 2019.

Enforcement applications were down 65% and enforcement orders were down 57% when compared to July to September 2019

All application categories were down on July to September 2019. Attachment of earnings (AoE) applications were down 68% (from 17,000 to 5,300), while AoE orders were down 56% (from 7,600 to 3,300).

---

Figure 8: Warrants and enforcements issued – Q3 (July to September) 2015 to Q3 (July to September) 2020 (Source: tables 1.7 and 1.8)

7.1 Warrants (table 1.7)

In the latest quarter (July to September 2020) there were 13,000 warrants issued, down 88% (from 110,000) on the same quarter in 2019, with this decline continuing to be as a result of Covid-19 and related actions.

Figure 9: Monthly warrants issued by type, January-June 2019 and 2020, and five year average

A monthly breakdown of warrants issued shows a particularly sharp decline following the impact of Covid-19. Following a significant decline in March and April, warrant volumes in April fell to just 740 (down 96% on the five year average). Volumes remained similarly low for May, June and July (660, 1,000 and 1,200 warrants issued respectively).

Following this, different types of warrants showed different patterns. The volume of warrants of control showed a spike in August to 8,100 warrants before falling again slightly in September 2020 to 3,100, down 67% on the five year average. This fluctuating pattern was caused by large backlogs being issued by key bulk issuers in August, as well as local Covid restrictions in September. In contrast, other warrant types remained low throughout August and September, with just 290 and 590 other warrants issued respectively.

7.2 Enforcements (table 1.8)

In July to September 2020, there were 9,000 enforcement-related order applications (which include attachment of earnings orders, charging orders, third party debt orders, administration orders, and orders to obtain information), down 65% compared to the same quarter of 2019. All application types were down, in particular attachment of earnings (AoE) applications, which were down 68% (from 17,000 to 5,300).

There were 7,100 enforcement-related orders made in July to September 2020, down 57% compared to the same quarter of 2019. As for applications, orders fell across all order types, with the decrease driven by AoE orders, which were down 56% (from 7,600 to 3,300).

Over the longer term, there has been a decreasing trend in enforcement-related applications received and orders made since 2009, possibly due to claimants’ preference for using warrants instead to retrieve money, property or goods.

---

8. Judicial reviews^{[footnote 3]}

---

Of the 2,200 applications received in the first three quarters of 2020, 52% have already closed, and 130 were found to be ‘Totally Without Merit’ (12% of cases that reached the permission stage).

---

There were 2,200 judicial review applications received so far in 2020, down 16% on the same period in 2019 (2,600 JR applications by Q3 2019). In 2019, there were 3,400 applications received in total, down 6% on 2018 (from 3,600).

Figure 10: Annual Judicial Review Applications, by type; calendar year 2010-2019 (Source: table 2.1)

Of the 2,200 applications received in the first three quarters of 2020, 880 were civil immigration and asylum applications, 1,200 were civil (other), and 120 were criminal, down 30%, down 1% and down 3% respectively on the same period of 2019. 21 of the civil immigration and asylum cases have since been transferred to the UTIAC.

Of the applications that were made in 2020 in the period January to September, 52% are now closed. Of the total applications, 1,100 reached the permission stage within the first three quarters 2020, and of these:

• 12% (130) were found to be totally without merit (TWM).
• 290 cases were granted permission to proceed and 780 were refused at the permission stage. However, 39 of cases refused at permission stage went on to be granted permission at the renewal stage.
• 330 of the 2020 cases have been assessed to be eligible for a final hearing and of these, 38 have since been heard.
• For the 2020 cases, the mean time from a case being lodged to the permission decision was 69 days, slightly up from 67 days across the same period of 2019. The mean time from a case being lodged to final hearing decision was 139 days, similar to the same period of 2019 (143 days).

8.1 Applications lodged against departments (table 2.5)

This quarter’s tables include judicial review figures by defendant type (i.e. individual government department or public body) – table 2.5. This table which will now be published quarterly, provides the number of judicial review applications lodged, permission granted to proceed to final hearing, and decisions found in favour of the claimant at final hearing.

The information presented is derived from the ‘defendant name’ – a free text field completed by the claimant, which is automatically matched and grouped by department. All efforts have been made to quality assure the data presented. However, this is a manually typed field, and as such is open to inputting errors and should be used with caution.

The key findings from January 2020 to September 2020 are:

• The Home Office was the department/body with the largest number of JR applications lodged against them, with 640 applications. Of these, 82 were granted permission to proceed to final hearing (13% of applications) to date.
• The second largest recipient of JR cases was the Ministry of Justice, with 600 cases received, of which to date 65 were granted permission to proceed to final hearing (11% of applications).
• The third largest recipient was Local Authorities, having 410 applications lodged against them. Of these, 109 were granted permission to proceed to final hearing (27% of applications) to date.

A more granular view of the JR data by department and case type can be found in the newly developed data visualisation tool found here. Feedback is welcome on this tool to ensure it meets user needs.

---

9. Further information

---

9.1 Provisional data and revisions

The statistics in the latest quarter are provisional and revisions may be made when the next edition of this bulletin is published. If revisions are needed in subsequent quarters, these will be annotated in the tables.

9.2 Accompanying files

As well as this bulletin, the following products are published as part of this release:

• A supporting document providing further information on how the data is collected and processed, as well as information on the revisions policy and legislation relevant to civil justice.
• The quality statement published with this guide sets out our policies for producing quality statistical outputs for the information we provide to maintain our users’ understanding and trust.
• A set of tables providing statistics on the Business and Property Courts of England and Wales.
• A set of overview tables and CSV files, covering each section of this bulletin.

9.3 Rounding convention

Figures greater than 10,000 are rounded to the nearest 1,000, those between 1,000 and 10,000 are rounded to the nearest 100 and those between 100 to 1,000 are rounded to the nearest 10. Less than 100 are given as the actual number.

9.4 National Statistics status

National Statistics status means that official statistics meet the highest standards of trustworthiness, quality and public value.

All official statistics should comply with all aspects of the Code of Practice for Official Statistics. They are awarded National Statistics status following an assessment by the Authority’s regulatory arm. The Authority considers whether the statistics meet the highest standards of Code compliance, including the value they add to public decisions and debate.

It is the Ministry of Justice’s responsibility to maintain compliance with the standards expected for National Statistics. If we become concerned about whether these statistics are still meeting the appropriate standards, we will discuss any concerns with the Authority promptly. National Statistics status can be removed at any point when the highest standards are not maintained, and reinstated when standards are restored.

9.5 Future publications

Our statisticians regularly review the content of publications. Development of new and improved statistical outputs is usually dependent on reallocating existing resources. As part of our continual review and prioritisation, we welcome user feedback on existing outputs including content, breadth, frequency and methodology. Please send any comments you have on this publication including suggestions for further developments or reductions in content.

9.6 Contacts

Press enquiries should be directed to the Ministry of Justice (MoJ) press office:

Sebastian Walters - email: sebastian.walters@justice.gov.uk

Other enquiries about these statistics should be directed to the Justice Statistics Analytical Services division of the Ministry of Justice:

Carly Gray - email: cajs@justice.gov.uk

Next update: 5 March 2021

1. https://www.gov.uk/government/news/priority-courts-to-make-sure-justice-is-served ↩

2. https://www.fca.org.uk/publications/finalised-guidance/personal-loans-coronavirus-temporary-guidance-firms ↩

3. The judicial review data are Official Statistics ↩