Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential impact of current waiting times in the civil justice system on the competitiveness of the justice system in England and Wales compared to other jurisdictions.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government understands the importance of timely and effective civil justice to England and Wales’ position as an international centre of dispute resolution. We are working towards our goal of a civil justice system in which people and businesses can resolve their disputes and exercise their rights quickly and efficiently at the earliest opportunity.
We acknowledge that the slow processing of claims can have a detrimental effect on business, and that lengthy civil disputes are a drag on economic growth. The quarterly period covering July to September 2025 showed the median time taken for small claims to go from issue to trial 5.9 weeks faster than the year before. For fast, intermediate and multi-track claims, it was 5.1 weeks faster than the year before. It is worth noting, however, this metric only captures the claims which go to full hearing: less than 5% of County Court claims issued. Timeliness is not the only factor which makes our justice system competitive; the high quality of our legal services and judiciary, the international appeal of English Law and our clear procedural rules all contribute to our status as jurisdiction of choice for international litigation.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, a) what steps the Government is taking to reduce delays within the civil justice system, and b) whether he has considered the use of mediation as a potential solution.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government is committed to improving performance of, and to reducing demands on, the civil courts. We have put in place measures such as the introduction of digital systems through the HMCTS Reform Programme to drive performance improvements and are focused on increasing capacity through more judicial recruitment.
The quarterly period covering July to September 2025, showed that the median time taken for small claims to go from issue to trial was 39 weeks, 5.9 weeks faster than the same period in 2024. For fast, intermediate and multi-track claims, it was 60 weeks, 5.1 weeks faster than a year earlier. This shows a positive trend regarding timeliness. Published statistics can be found in table 1_5 of the main tables here: Civil justice statistics quarterly: July to September 2025 - GOV.UK.
We recognise the benefits of mediation in resolving disputes swiftly. Mandatory mediation for small money claims below £10,000 is now integrated into the county court process, saving time and costs. A formal evaluation will be published in the summer of this year, and findings will inform decisions on further expansions of mandatory mediation.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential impact of the expansion of mediation within the civil justice system on a) delays in the courts, and b) resultant business productivity.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
We recognise the benefits of mediation to individuals and businesses in resolving disputes in a less adversarial manner. Where mediation is successful, both businesses and their customers will be spared the time and stress of litigation.
The impact assessment for the introduction of mandatory mediation for small claims estimated a 15-55% reduction in hearings, freeing up 1,400 – 5,200 sitting days per year.
The impact assessment for the introduction of mandatory mediation found that businesses make up 58% of all parties to small claims, and that the potential benefit to businesses of earlier settlement through mandatory mediation could be £25 million - £92 million per annum, based on a 15-55% settlement rate.
Between August 2024 and August 2025, a total of 81,206 cases were referred to mediation, 56,268 mediations took place, and 19,536 were successfully settled through mediation, representing an overall settlement rate of approximately 35%.
A formal evaluation will be published in the summer of this year and findings will inform decisions on further expansion of mandatory mediation.
We will consult with organisations such as the Federation of Small Businesses, Chamber of Commerce, and other relevant partners before making any final decisions on the further expansion of mandatory mediation.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effect on business productivity of expansion of mediation within the civil justice system.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
We recognise the benefits of mediation to individuals and businesses in resolving disputes in a less adversarial manner. Where mediation is successful, both businesses and their customers will be spared the time and stress of litigation.
The impact assessment for the introduction of mandatory mediation for small claims estimated a 15-55% reduction in hearings, freeing up 1,400 – 5,200 sitting days per year.
The impact assessment for the introduction of mandatory mediation found that businesses make up 58% of all parties to small claims, and that the potential benefit to businesses of earlier settlement through mandatory mediation could be £25 million - £92 million per annum, based on a 15-55% settlement rate.
Between August 2024 and August 2025, a total of 81,206 cases were referred to mediation, 56,268 mediations took place, and 19,536 were successfully settled through mediation, representing an overall settlement rate of approximately 35%.
A formal evaluation will be published in the summer of this year and findings will inform decisions on further expansion of mandatory mediation.
We will consult with organisations such as the Federation of Small Businesses, Chamber of Commerce, and other relevant partners before making any final decisions on the further expansion of mandatory mediation.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has had conversations with colleagues in the English Law Promotion Panel on the potential effects of greater use of mediation within the civil justice system on a) investment, b) economic growth, and c) global competitiveness.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The English Law Promotion Panel has been established to support the growth of the legal sector and to strengthen the global competitiveness of English and Welsh law. This initiative forms part of the Government’s mission to drive economic growth, as outlined in the UK’s Modern Industrial Strategy. The Panel’s focus is on the international promotion of English and Welsh law, rather than operational or policy matters relating to the domestic justice system. In so doing, the Panel will also explore the extent to which arbitration and mediation can enhance our competitive position.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to help reduce the time taken for cases to go to trial in the commercial court.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
I am pleased to say there are currently no undue delays in listing trials in the commercial court. However, we are constantly seeking improvements in timeliness.
Listing and case management in the Commercial Court are matters for the judiciary. HM Courts & Tribunals Service (HMCTS) supports the court to progress cases efficiently by:
We continue to monitor performance with HMCTS and the judiciary and will support further operational improvements to help ensure cases are heard in a timely manner.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in the context of trends in levels of success of mediation for claims under £10,000, whether he has considered the expansion of mediation for higher value claims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the benefits of mediation in resolving disputes swiftly and consensually.
Mandatory mediation for small money claims below £10,000 is now integrated into the county court process, saving time and costs. A formal evaluation will be published in the summer of this year and will inform decisions on further expansion of mandatory mediation.
The Civil Procedure Rules were amended in October 2024 to give judges power to order mediation at their discretion in higher value claims over £10,000.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he intends to bring forward legislation regarding litigation funding agreements.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
We intend to introduce legislation to mitigate the effect of the PACCAR judgment when parliamentary time allows. The new legislation will clarify that Litigation Funding Agreements are not Damages Based Agreements and introduce proportionate regulation of Litigation Funding Agreements. The Government recognises the critical role third-party litigation funding plays in access to justice and is committed to ensuring it works fairly for all. We will outline next steps in due course.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the compatibility of early releases with the principles of justice.
Answered by Jake Richards - Assistant Whip
We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.
We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the impact of early releases on (a) victims and (b) victims' families.
Answered by Jake Richards - Assistant Whip
We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.
We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.