National statistics

Civil Justice Statistics Quarterly: October to December 2022

Published 2 March 2023

Applies to England and Wales

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1. Main Points
Decrease in County Court claims, driven by money and damages claims Compared to the same period in 2021, County Court claims from October to December 2022 were down 5% to 362,000. Of these, 296,000 (82%) were money claims (down 4%). Compared to the same quarter in 2019 (pre-covid baseline), County Court claims were down 24%.
Damages claims were down 27% at 23,000 The decrease in damages claims was driven by a fall in Other Damages claims (down 45% to 6,700) compared to the same quarter in 2021. Compared to the same quarter in 2019 (pre-covid baseline), total damages claims were down 25%.
The number of claims defended decreased compared to 2021 while the number of trials increased There were 56,000 claims defended (down 18%) and 13,000 claims that went to trial in October to December 2022 (up 3%) compared to the same quarter in 2021. Compared to the pre-covid baseline, claims defended were down 23% and claims that went to trial were down 24%.
Mean time taken from claim to hearing has increased for multi/fast track claims The mean time taken for small claims and multi/fast track claims to go to trial was 51.3 weeks and 78.7 weeks, unchanged from and 4.4 weeks longer than the same period in 2021 respectively. Compared to 2019, these measures are 14.2 weeks longer for small claims and 17.8 weeks longer for multi/fast track claims.
Judgments were stable and default judgments were up 1% Judgments were stable (at 214,000) in October to December 2022, compared to the same period in 2021; with 91% of these being default judgments. Compared to the same period in 2019, judgments were down 32%, 88% of which were default judgments.
Enforcement applications and orders fell to 10,000 and 7,900 respectively Enforcement applications were down 28%, while enforcement orders were also down 17% when compared to the same quarter in 2021. Compared to 2019 (pre-covid baseline), volumes of enforcement applications were down 61% and enforcement orders were down 52%.
Warrants issued decreased to 60,000 Warrants issued were down 14% when compared to the same quarter in 2021 and down 12% compared to 2019 (pre-covid baseline).
670 judicial review applications in Q4 2022 There were 670 applications for Judicial Reviews in Q4 2022, up 19% on Q4 2021. Of the 110 cases in 2022 Q4 that have so far reached the permission stage, 20 (19%) were found to be ‘totally without merit’.

This publication gives civil county court and judicial review statistics for the latest quarter (October to December 2022), compared to the same quarter in 2021. Should users wish to compare the latest outturn against 2019 as a pre-covid baseline, or to a time period during the covid period, they can do so using the accompanying statistical tables. This quarter’s publication also includes data on Privacy Injunctions considered during the second half of 2022. 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

Volumes across most civil actions have generally shown signs of stabilisation in 2022, with quarterly volumes for claims issued, allocations, hearings and judgments having generally remained stable through this period when compared to the equivalent quarters in 2021. However, it is too early to confirm whether the post-covid recovery has peaked.

In the most recent quarter, there has been a decrease in most civil actions compared to Q3 2022. This is likely to be a result of a reduction in bulk users and processing completed over the Christmas period, and is a trend often evident in the final quarter of the year. We will continue to monitor these actions closely.

Overall, total claims issued have fallen slightly this quarter, driven by money and damages claims, which together make up 88% of these. In particular, personal injury claims have fallen in the current quarter, following a brief upturn in Q2 2022 and continuing general decreases in personal injury claims since Q2 2021. These falls are likely to be in part due to the introduction of the Whiplash Reforms Act (2021) which changed the way some personal injury road traffic accident claims are dealt with. However, it is not yet known how this new process will affect these claims volumes in the longer term.

Timeliness figures have remained relatively stable since Q1 2021 for small claims yet continue to increase gradually for fast and multi-track trials, which still contain a considerable proportion of cases which were issued during the pandemic. Measures have been put in place to help reduce waiting times, for example, the use of Nightingale Courts has now been extended to continue throughout 2023.However, we expect timeliness measures to be impacted for as long as cases stayed during the pandemic remain in the open caseload.

3. Claims Summary

County court claims were down 5% on the same quarter of 2021, driven by money claims.

There were 362,000 County Court claims lodged in October to December 2022. Of these, 318,000 (88%) were money and damages claims (down 6% from October to December 2021).

Non-money claim volumes were at 44,000, up 10% when compared to the same quarter in 2021.

Mortgage and landlord possession claims were up 39% over the same period to 24,000, ‘other non-money claims’ were down 15% to 17,000 and claims for return of goods were up 10% to 2,600.

Figure 1: County Court claims by type, Q4 (October to December) 2017 to Q4 (October to December) 2022 (Source: table 1.2)

In the most recent quarter, total claims were down 5% compared to the same period in 2021 (from 380,000 to 362,000). Of these, 318,000 were money and damages claims, down 6% from October to December 2021 (from 340,000). Money and damages claims made up 88% of all claims in October to December 2022, down 2pp on its share in October to December 2021.

Prior to 2020, claim volumes had been relatively unchanged but volatile, 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. After an initial recovery towards pre-pandemic levels in the second half of 2020, volumes have remained relatively stable since Q1 2021, however, still down 24% compared to the same quarter in 2019.

Non-money claims have been generally decreasing since 2015. While these showed less of an impact following Covid-19 in contrast to money and damages claims, the recovery to pre-Covid19 volumes has been slow. In the current quarter, these claims were up 10% (from 40,000 to 44,000) compared to the same period in 2021, driven by increases in Mortgage and Landlord Possession claims. However, these remain down 30% below the same quarter in 2019 (pre-covid baseline).

Within non-money claims, ‘other’ non-money claims have shown a decline since 2018. In the most recent quarter, these were down 15% (from 20,000 to 17,000) compared to the same period in 2021. These continued decreases are likely to be partly as a result of whiplash reforms reducing the volume of road traffic accident claims going to court.

The overall trend in Mortgage and Landlord Possession claims has been decreasing since a peak of 60,000 in January to March 2014. Following the impact of Covid-19, these have increased gradually with 24,000 claims in October to December 2022, up 39% compared to the same quarter of 2021 (17,000 claims). Further details can be found in the Mortgage and Landlord Possessions publication here.

Claims for return of goods increased steadily to a high of 3,500 in July-September 2018 but have since declined. Following a further decline due to the impact of Covid-19, there has been recovery in these figures, with volumes up 10% (from 2,400 to 2,600) in October to December 2022 compared to the same period in 2021. These volumes are now showing early signs of stabilising around pre-covid levels.

4. Money Claims

Money claims were down 4% (to 296,000 claims) in October to December 2022 compared to the same quarter in 2021.

Money claims valued between £1,000 and £3,000 were down 14% over this period to 65,000, driving the overall trend in money claims.

Damages claims were down 27% at 23,000 driven by decreases in Other Damages claims (down 45%) to 6,700 compared to the same quarter in 2021.

Other damages claims increased steeply from Q3 2020 to a high of 14,000 in Q3 2021, driven by rises in PPI-related claims. These have since fallen, yet remain above levels prior to these increases, up 103% compared to Q4 2019. These accounted for 29% of all damages claims in the most recent quarter, down 9pp compared to October to December 2021, when they accounted for 39% of all damages claims.

Figure 2: Money claims by monetary value, Q4 (October to December) 2017 to Q4 (October to December) 2022 (Source: civil workload CSV[footnote 1])

Historically, money claims reached a peak in April to June 2017, after which 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 (October to December 2022), there were 296,000 claims, down 4% on the same quarter in 2021 (309,000 claims).

This quarter, the majority (82%) of money claims were processed and issued at the County Court Business Centre (CCBC). There were 243,000 such claims at the CCBC in October to December 2022 (down 5% on the same quarter in 2021). CCBC claims were particularly affected by Covid-19 and associated actions, recording a more significant decrease than other money claims, they have now returned to historic trend levels. This is due to bulk issuers almost completely ceasing their issue during the immediate response to the pandemic.

The fall in money claims is driven by claims valued between £1,000 and £3,000. These were down 14% to 65,000 claims in the period October to December 2022 compared to the same quarter in 2021, and account for 22% of total money claims in the most recent quarter. This is down from historical levels with this category making up 26% of total money claims in October to December 2019.

Until this quarter, other than Q2 2020, damages claims have fluctuated between 26,000 and 40,000 claims each quarter over the last five years (since October to December 2017). However, in the current quarter volumes were down 27% to 23,000 in October to December 2022 compared to the same period in 2021. This was driven by decreases in other damages claims, down 45% from 12,000 to 6,700, following steep increases since Q3 2020. These were a result of PPI-related claims that rely on a section of the Consumer Credit Act that relates to unfair relationships[footnote 2] and follows a series of court rulings on the same matter. Personal injury claims were down 15% compared to the same period in 2021, continuing a generally decreasing trend since Q4 2020.

4.1 Allocations (table 1.3)

In October to December 2022, 36,000 money and damages claims were allocated to track, which remained generally stable (from 37,000) compared to the same period in 2021. A decrease was seen in fast-track claims while increases were seen in small and multi-track claims. Compared to October to December 2021, of these allocations:

  • 25,000 were allocated to small claims, up 6% on October to December 2021. This accounts for 69% of all allocations (compared to 64% of all allocations in the same quarter of 2021). This increase in the proportion of cases being allocated to small claims is due to government changes made to the claims process for low value road traffic accident (RTA) related personal injury claims (31st May 2021). As part of the package of measures introduced, the small claims track limit for Personal Injury claims related to RTA’s increased from £1,000 to £5,000. This means that the majority of such claims will now proceed through the small claims track instead of the fast track;
  • 9,000 were allocated to fast track, down 16% on October to December 2021. This accounts for 25% of all allocations (compared to 29% of all allocations in the same quarter of 2021);
  • 2,500 were allocated to multi-track, up 4% on October to December 2021. This accounts for 7% of all allocations (compared to 6% of all allocations in the same quarter of 2021);

The number of claims defended was down 18% to 56,000 compared to the same quarter in 2021.

Of those claims defended, 48% had legal representation for both claimant and defendant, 27% had representation for claimant only, and 4% for defendant only.

The number of trials was up 3% to 13,000 compared to the same quarter in 2021.

Average time taken for small claims was 51.3 weeks (unchanged compared to the same quarter in 2021) and for multi and fast track claims it was 78.7 weeks (4.4 weeks longer than October to December 2021).

Of those claims defended in October to December 2022, 48% had legal representation for both claimant and defendant, 27% had representation for claimant only, and 4% for defendant only. Almost all (91%) damages claim defences had legal representation for both the defendant and claimant, compared with 28% of money claim defences. However, the proportion of cases with legal representation for both claimant and defendant has fallen for both damages and money claims, down 4pp and 8pp respectively compared to the same period in 2021.

The total number of claims defended was down 18% in October to December 2022 compared to the same quarter in 2021, from 68,000 to 56,000 cases. This was driven by decreases in money and damages claims, with the most significant impact from defended damages claims (down 31% from 27,000 to 18,000). On the contrary, mortgage and landlord possession defences were up 85% from 1,900 to 3,600 compared to October to December 2021.

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 13,000 trials in October to December 2022, up 3% compared to the same period in 2021. Of the claims that went to trial, 9,600 (76%) were small claims trials (up 10% compared to the same quarter in 2021) and 3,000 (24%) were fast and multi-track trials (down 15% from the same quarter of 2021).

Figure 4: Average number of weeks from claim being issued to initial hearing date, Q4 (October to December) 2017 to Q4 (October to December) 2022 (Source: table 1.5)

In October to December 2022, it took an average of 51.3 weeks between a small claim being issued and the claim going to trial, unchanged from the same period in 2021.

Small claims were impacted sooner by Covid-19 than fast and multitrack claims, in terms of timeliness, for a number of reasons. These claims have shorter timeframes to begin with, and so delays were observed sooner in the timeliness figures. Small claims may also be less suited to remote hearings as they tend to be in-person claims rather than professional users.

Measures were put in place in response to the challenges of the pandemic to help with the increasing timeliness to resolve small claims including the increased use of small claims 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 78.7 weeks to reach a trial, 4.4 weeks longer than in October to December 2021, continuing to exceed the upper limit of the range seen in 2009-2019 (which was 52 to 61 weeks).

Covid-19 and associated actions have led to an uptick in time taken for all claims to reach trial. Prior to this, a sustained period of increasing receipts had increased the time taken to hear civil cases and caused delays to case progress.

6. Judgments

Judgments were stable compared to same quarter in 2021

There were 214,000 judgments made in October to December 2022, compared to 215,000 in the same quarter of 2021. Of these judgments, 195,000 (91%) were default judgments.

Figure 5: All claims, judgments and default judgments, Q4 (October to December) 2017 to Q4 (October to December) 2022 (Source: tables 1.2 and 1.4)

There were 214,000 judgments made in October to December 2022, stable compared to the same quarter of 2021. Of these, 91% were default judgments, up 1pp on its share in October to December 2021. These have remained relatively stable since 2018, with around 9 out of every 10 judgments resulting in a default judgment.

The second largest type of judgment was ‘admissions’[footnote 3], of which there were 9,900 in October to December 2022, down 18% on the same quarter in 2021 (from 12,000). ‘Admission’ judgments accounted for 5% of all judgments.

7. Warrants and Enforcements

Warrants issued were down 14% when compared to same quarter in 2021

In October to December 2022, 60,000 warrants were issued, down 14% from 69,000 in the same quarter of 2021. Of these, 49,000 (81%) were warrants of control, down 24% compared to the same period in 2021.

Enforcement applications were down 28% and enforcement orders were down 17% when compared to October to December 2021

All application categories were down on October to December 2021, except third party debt applications which remained stable. Attachment of earnings (AoE) applications were down 40% (from 8,000 to 4,800), while AoE orders were down 15% (from 3,400 to 2,900).

Figure 6: Warrants and enforcements issued – Q4 (October to December) 2017 to Q4 (October to December) 2022 (Source: tables 1.7 and 1.8)

7.1 Warrants (table 1.7)

In the latest quarter (October to December 2022) there were 60,000 warrants issued, down 14% (from 69,000) on the same quarter in 2021. Warrants of control accounted for 81% of total warrants, and were down 24%, from 63,000 to 49,000, compared to the same period in 2021.

There were 11,000 possession warrants issued in October to December 2022, up 95% (from 5,700) on the same quarter in 2021. These have continued a general upwards trend since Q3 2020, following a sharp drop in Q2 2020 due to the impact of Covid-19.

7.2 Enforcements (table 1.8)

In October to December 2022, there were 10,000 enforcement-related order applications (which include attachment of earnings orders, charging orders, third party debt orders, administration orders, and orders to obtain information), down 28% compared to the same quarter of 2021. All application types were down, except third party debt applications which remained stable. In particular, attachment of earnings (AoE) applications were down 40% (from 8,000 to 4,800).

There were 7,900 enforcement-related orders made in October to December 2022, down 17% compared to the same quarter of 2021. Orders fell across AoE orders, which were down 15% (from 3,400 to 2,900), and charging orders, which were down 26% (from 4,400 to 3,200), driving the overall fall in volumes. All other types of enforcement order remained relatively stable over this period.

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 4]

There were 2,400 judicial review applications received in 2022, up 5% on 2021 (2,300) and down 28% on 2019 (from 3,400) as a pre-Covid19 baseline.

In Q4 2022, there were 670 judicial review applications received, up 19% on Q4 2021 (570) and down 16% on Q4 2019 (from 800) as a pre-Covid19 baseline.

Of the 670 applications received in Q4 2022, 15% have already closed, and 20 were found to be ‘Totally Without Merit’ (19% of cases that reached the permission stage).

Figure 7: Judicial Review Applications, by type; Q4 2015 to Q4 2022 (Source: JR CSV)

Annual JR receipts – January to December 2022:

Of the 2,400 applications received in 2022, 860 were civil immigration and asylum applications, 1,400 were civil (other), and 150 were criminal, up 6%, up 4% and up 6% respectively on 2021. 45 of the civil immigration and asylum cases have since been transferred to the UTIAC.

Of the applications that were made in 2022 in the period January to December, 1,200 (49%) are now closed. Of the total applications, 1,100 reached the permission stage in 2022, and of these:

  • 11% (120) were found to be totally without merit (TWM).
  • 390 cases were granted permission to proceed at first stage and 670 were refused at the permission stage. However, 63 of the cases refused at permission stage went on to be granted permission at the renewal stage.
  • 450 cases have been assessed to be eligible for a final hearing and of these, 86 have since been heard.
  • of the 86 cases that reached a final hearing, 31 were found in favour of the claimant, the same number of cases found in favour of the defendant.
  • the mean time from a case being lodged to the permission decision was 79 days, and the mean time from a case being lodged to final hearing decision was 193 days.

Quarterly JR Receipts – October to December 2022:

Of the 670 applications received in Q4 2022, 230 were civil immigration and asylum applications, 420 were civil (other), and 26 were criminal, up 11%, up 27% and down 13% respectively on Q4 2021. 2 of the civil immigration and asylum cases have since been transferred to the UTIAC.

Of the applications that were made in Q4 2022, 15% are now closed. Of the total applications, 110 reached the permission stage in Q4 2022, and of these:

  • 19% (20) were found to be totally without merit.
  • 36 cases have already been granted permission to proceed and 70 were refused at the permission stage. 2 of the cases refused at permission stage went on to be granted permission at the renewal stage.
  • 38 cases were assessed to be eligible for a final hearing and of these, none have since been heard.
  • the mean time from a case being lodged to the permission decision was 42 days. Although timeliness for cases being lodged to final hearing are included in the tables, this is based on too few cases to be meaningful. The actual time taken for these cases will only be known when they have had time to work their way through the system.

8.1 Applications lodged against departments (table 2.5)

Table 2.5 presents judicial review figures by defendant type (i.e. individual government department or public body). This table 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 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 for Q4 2022 are:

  • The Home Office had the largest number of JR applications lodged against them, with 200 applications. Of these, 7 were granted permission to proceed to final hearing (3% of applications) to date.
  • The second largest recipient of JR cases was the Local Authorities, with 170 cases received, of which to date 21 were granted permission to proceed to final hearing (13% of applications).
  • The third largest recipient was the Ministry of Justice, having 130 applications lodged against it. Of these, 5 were granted permission to proceed to final hearing (4% of applications) to date.

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

9. Privacy Injunctions[footnote 5]

In the final six months of 2022, there were 6 proceedings where the High Court considered an application for a new interim privacy injunction.

No proceedings were considered at the High Court on whether to continue or amend an interim injunction.

There were also no proceedings considered at the High Court on whether to issue a final permanent injunction, no proceedings considered on whether to continue or amend an undertaking, and no proceedings considered a final undertaking[footnote 6].

Figure 8: Revised number of privacy injunction proceedings, by type of proceeding, from Aug-Dec 2011[footnote 7] to Jul-Dec 2022 (Source: tables 3.1, 3.2 and 3.3)

9.1 New interim privacy injunctions (Table 3.1)

All six of the proceedings at the High Court that took place in July to December 2022 were granted. In two of these an undertaking was given. In the previous six months (January to June 2022) six new interim privacy injunction proceedings took place, and all of these were granted.

9.2 Continuation of existing interim injunctions (Table 3.2)

There were no applications for existing interim injunction proceedings between July to December 2022. In January to June 2022, the continuation of two existing interim injunction proceedings were granted/varied.

9.3 Final privacy injunctions (Table 3.3)

There were no final privacy injunctions or final undertakings dealt with in July to December 2022, or in the previous period from January to June 2022.

10. Further information

10.1 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.

10.2 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 overview tables (also available in accessible format) and CSV files, covering each section of this bulletin.
  • A set of tables providing statistics on the Business and Property Courts of England and Wales, also available in accessible format.
  • A JR data visualisation tool (to provide a more granular view of the JR data by department and case type). This can be found here.
  • A Sankey tool which shows case progression of civil cases in the county courts is here.

10.3 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.

10.4 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.

10.5 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.

10.6 Contacts

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

Sarah Cottrill - email: sarah.cottrill@justice.gov.uk

Other enquiries about these statistics should be directed to the Data and Evidence as a Service division of the Ministry of Justice:

Laura Jones - email: cajs@justice.gov.uk

Next update: 1 June 2023

  1. Following the alignment of the fees for online and paper civil money and possession claims in May 2021, figure 2 shows all data with the updated claim brackets for comparison, a further breakdown of these brackets is available within the CSV. The CSV shows updated claim brackets from 2021. ↩

  2. Consumer Credit Act sections 140A to 140D ↩

  3. Judgment by admission is where the defendant admits the truth of the claim made. ↩

  4. The judicial review data are Official Statistics ↩

  5. The privacy injunction data are Official Statistics ↩

  6. An undertaking is different from an injunction, in that it is a promise given by the defendants, rather than an injunction which is an order of the court ↩

  7. H2 2011 only covers the period August-December 2011 and is not a full half-year ↩

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