Businesses across Sussex are being left in limbo due to delays of up to 18 months for their small claims cases to be heard, according to a solicitor from law firm Mayo Wynne Baxter.

Data from the Ministry of Justice shows that small claims court waiting times in Sussex have surged by as much as 36% in the first quarter of 2025 compared to the same period last year.

In Horsham, claimants are now waiting nearly a year-and-a-half for their cases to be heard. In Lewes, the average delay is around 16 months, while claimants in Worthing, Hastings and Brighton face waits ranging from 12 and 14 months.

Cameron McCoig, litigation solicitor at Mayo Wynne Baxter, said: “Anyone involved in small claims litigation will have no doubt experienced these delays first-hand. Last-minute cancellations after waiting months for a hearing are also far too common.

“Any contact with a court now takes place through a central call hub where the clerk knows little – if anything – about the case.

“An estimate of 12-18 months to see a claim to conclusion is, in my view, realistic. However, the inevitably increase both the costs and emotional impact of what is already a stressful experience.

“Many claimants feel left in limbo – stuck waiting for justice with no clear end in sight. For some, these factors could be enough to deter them from pursuing a claim at all.

“Numerous small and medium-sized businesses rely on the small claims court process for recovery of unpaid bills, so delays also have a negative impact on the wider economy.

“Non-paying defendants can ‘play the system’ in order to extend credit terms, which puts further pressure on those trying to stay afloat.”

The Ministry of Justice attributes the delays partly to the lingering effects of the Covid-19 pandemic but has acknowledged the need for systemic reform.

In response, it has committed to recruiting 1,000 new judges and tribunal panel members by the end of 2025 and expanding remote hearings to help clear the backlog.

Additionally, it has mandated free mediation for money claims under £10,000 to resolve disputes more quickly and reserve court time for more complex cases.

Cameron said: “While the delays may, in part, be attributed to the backlog caused by the pandemic, five years on, there is – worryingly – little sign of improvement. After all, the system was in poor health before Covid-19.

“The Ministry of Justice’s promotion of alternative dispute resolution schemes, along with its plans to recruit more judges and tribunal members, are both extremely welcome.

“However, any court threat is currently diluted. While alternative dispute resolution methods can help, many parties are being forced down that route simply because the court system is no longer functioning efficiently.

“Nonetheless, the legal industry must hope that increased judicial recruitment will help reduce the strain on the courts and improve the experience for all users.”