AQW 4508/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 12/10/2022
Answered On Date: 25/10/2022
Priority Written: No

Question:
To ask the Minister of Justice, pursuant to AQW 3630/22-27, (i) whether these timeframes align with her expectations and targets; (ii) to outline any excess costs associated when cases go beyond a reasonable timeframe; and (iii) to detail what plans she has to review the process with a view to expediting these kind of cases.

Answer:

(i) The Northern Ireland Courts and Tribunals Service publish a range of targets and performance information in their Annual Report and Accounts. In relation to the Kings Bench cases, the figures for 2021-22 show that the target of listing 98% of Clinical Negligence claims for review before the Master within 13 months of receipt of the writ was met, while 97% of claims for Personal Injury were listed for review within three months of setting down compared to the target of 98%. There are no separate targets for Personal Injury or Clinical Negligence cases in the County Court. The target of 95% Civil bills to be allocated a hearing date within 15 weeks of receipt of the certificate of readiness was not met during 2021/22 (85%).

(ii) The cost of individual court cases is not recorded. In civil matters the onus is on the parties involved to prepare the case and provide the Court with the relevant information. The costs are largely dependent on the complexity of the case and factors such as the length of time involved in case preparation, the number of legal representatives and other experts involved, and on the number and length of court hearings. Delays in providing the relevant information or the failure to progress the case by the plaintiff or respondent may not necessarily lead to additional court hearings or impact on the costs.

(iii) The Judiciary have published a series of Pre-Action Protocols and Practice Directions in relation to setting out best practice and procedures required to meet the courts expectations and ensure that litigation is dealt with expeditiously and fairly. The Civil & Family Justice Review made a number of recommendations to streamline processes and expedite cases, and a Shadow Civil Justice Council has been established to oversee the co-ordination of a draft plan for their implementation. The Council are currently working on a range of proposals including a Personal Injury and Damage Only Road Traffic Accident Pre-Action Protocol.

In relation to claims for criminal injuries compensation, as I indicated in the response to AQW 3630/22-27, each claim is unique and often complex and so setting targets for the assessment of claims is not straightforward. I am content, however, that officials are focused on processing compensation claims as expeditiously as possible, bearing in mind the dependence on information from external sources and more recently the impact of the Covid-19 pandemic. While there are no specific excess costs related to the timeframe for completing the assessment of cases, the scope for making any changes to administrative arrangements for processing of claims is always kept under review.