SMALL claims cases are taking 15 weeks longer on average to go to trial in Southampton than in the months leading up to the coronavirus pandemic, figures show.

The Law Society of England and Wales warned delays across the civil justice system risk discouraging people from pursuing claims, potentially leaving little incentive for unscrupulous people to comply with the law.

Ministry of Justice figures show the average time taken for small claims to go to trial at Southampton County Court was 53 weeks between January and March.

This was an increase on the average of 38 weeks over the same period in 2020, and up from 47 weeks in the three months to December.

Small claims are often used by people seeking their money back if something has gone wrong on a deal or purchase. They make up the vast majority of all cases at civil courts.

These are currently being heard in regular and temporary courts and are largely used to claim less than £10,000 back for a faulty product or poor service.

The picture in Southampton reflected that across England and Wales, where the average time taken for small claims to go to trial rose to 51 weeks at the start of the year – almost three months longer than between January and March 2020.

The Law Society of England and Wales said underfunding of the civil justice system had fuelled delays even before the pandemic began.

Stephanie Boyce, president of the Law Society of England and Wales, said: “There is a risk that people may be put off pursuing claims, which carries with it a longer-term risk to society.

“If the belief becomes widespread that there is little chance of people effectively enforcing their rights, there is little incentive for more unscrupulous people to comply with their legal obligations, which is highly damaging to the rule of law.”

The Ministry of Justice said new measures to reduce the number of outstanding cases had been introduced, such as mediation and other forms of dispute resolution.

Between January and March, 74 small claims were heard at Southampton County Court – 56 fewer than during the same period in 2020, and down from 76 in the three months to December.

A MoJ spokesman said: “We are working tirelessly to tackle the impact of the pandemic and investing over £100 million to reduce waiting times.”