Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what safeguards are in place to prevent default judgments being issued where a defendant has submitted a defence that has not been properly processed by the court.

There were more than 1.9 million civil claims issued in the County Court in 2025. County Court claims can be made via HMCTS’ modern digital services (Online Civil Money Claims and Damages Claims services), older digital services (Money Claims Online and Possession Claims Online) or on paper.

HMCTS keeps the Online Civil Money Claims (OCMC) service under routine operational monitoring.

No assessment has been undertaken specifically on the reliability of recording and processing defendants’ submissions. Issues identified through live running have been limited in number and resolved promptly and have not indicated a need for a wider assessment.

In 2025, of incidents and complaints received by HMCTS relating to civil claims, 342 complaints were classified as ‘documents or information went missing’, 222 complaints classified as ‘my documents were not filed’; 92 data incidents recorded as ‘loss or theft of paper documents inside HMCTS premises’ and 31 data incidents recorded as ‘loss or theft of paper documents outside HMCTS premises’. There will be further instances of lost or unprocessed documents which have not been recorded, for example because they have not caused a complaint or data incident.

HMCTS is reducing the risk of administrative errors in civil claims though work to digitalise processes. The OCMC and Damages Claims services enable parties to manage a civil claim digitally from start to finish, including the ability to upload evidence, make applications and view judicial orders online. A digital Possession Service is being developed. The Deputy Prime Minister has announced further modernisation of the Civil Courts with an over £50 million investment to continue digitalising the County Court. HMCTS is also improving internal electronic document management and replacing paper-based and email processes with a digital, centrally stored case file, reducing reliance on manual handling and physical transfer of documents between teams and courts.

HMCTS has processes to reduce the risk of default judgment being entered where a defence has been submitted but not yet processed. Defences provided by paper are prioritised and judgment requests returned; Money Claims Online (MCOL) applies a buffer to check for paper responses; and responses provided on paper to claims made via OCMC are processed on receipt, with functionality to set aside judgments where a response and judgment request coincide.

“Properly processed” means received and recorded by the court. Where a defence has not been received, default judgment cannot be prevented, but urgent set-aside processes are in place where court error is identified.