Current court estate for civil justice in Cardiff is “untenable”, says Lady Chief Justice

Appearing at a meeting of the Senedd’s Legislation, Justice and Constitutional Committee this month (2 February), Baroness Carr said: “Lord Thomas warned back in 2019 that the then facilities, the still current facilities, were quote, ‘unfit for purpose’.

“The capital city of Wales needs a court building suited to the trial of civil, administrative law and family cases. The current position in Cardiff is untenable. That was 2019. This is 2026. Things have not changed.”

The LCJ said: “Delivery of a modern centre will require collaboration, something that we here in Wales are particularly good at, collaboration between the judiciary, HMCTS, Welsh Government, local authorities and the professions, and I want to reassure you that the judiciary stands ready to play its part.

“I would also like to acknowledge the enormous contribution of the Counsel General, without whose drive, commitment and vision we would not be making the progress in identifying potential sites for such a centre. She has been fantastic in her support for the project and her, as I say, drive and commitment.”

Baroness Carr added later in the session: “It's about having the money to invest in a proper, fit-for-purpose estate, and I suspect that it has also been a question of will across the board. In order to find the solution here in Cardiff, I think everybody would agree that what we need is cross-governmental collaboration, collaboration with the professions, some creative thinking about investment between the governments, finding the right site, and reaching the right terms.

“I can't tell you why it's taken so long, but what I can tell you is that there is a fresh sense of energy around the issue. I couldn't agree more with you that it is long overdue. It's something I've been saying since my very first appearance.”

The LCJ meanwhile told the committee that, taken together with the bilingual offer, Wales compares “very favourably” with English circuits on both timeliness and throughput, and has been disposing of more Crown Court cases than it receives.

She observed that despite pressures in relation to staffing, retention and increasing case complexity, the Welsh picture remains one of “strong performance”.

In her opening statement, the Lady Chief Justice said: “At headline terms, Wales has been disposing of more Crown Court cases than it receives. In civil and family, HMCTS is processing correspondence and queries within five days of receipt, and disposal times have been running above the national averages."

Baroness Carr also highlighted the need – in light of divergence in substantive law – for “Wales-specific” legal training for judges that is both practical and current.

She told the committee: “Our training is delivered by the Judicial College, a world leader in judicial training. So, in civil, judges sitting in Wales undertake a Wales housing module covering the 2016 Act and related developments. In family, judges receive updates on devolved legislation and practice that affect Welsh families. In the Court of Protection, training addresses the Social Services and Wellbeing Wales Act, the Mental Health Wales measure, and practical differences in Welsh health and social care arrangements.

“So my ambition, the aim, is straightforward: when people come to court in Wales, their case should be heard by a judge who understands both the legal framework and the local public service contract and context in which the parties live.”

Turning to the topic of day-to-day Welsh language usage in courts, the LCJ pointed to the results of a recent one-week survey conducted in the civil and family courts in Wales, and in crime.

The survey showed that in civil and family, Welsh was spoken substantively in about 8% of recorded hearings - the equivalent of about 1,400 hearings a year.

Baroness Carr said this sort of evidence “helps us to plan judicial and interpreter capacity wherever it is most needed. It is an area, obviously, as well, where we have a keen interest in looking at AI and developing technologies to support us”.

Ensuring that there is sufficient Welsh language capacity requires thoughtful planning in appointments and in training, she added.

“This last year, we have agreed a new approach with the Judicial Appointments Commission, distinguishing three categories of role: no Welsh requirement, conversational Welsh and proficient Welsh. This system allows us to recruit excellent judges who already possess Welsh, but who also may have the capacity to improve their Welsh proficiency so that they can in due course conduct proceedings entirely in Welsh.”

The Lady Chief Justice said: “We are building this capacity in practice. In Wales, circuit judges with Welsh language skills now stand at around 48%. In the magistracy, Welsh speaking capacity varies by area, but in North West Wales it's 50%, in Carmarthenshire 34%, Ceredigion and Pembrokeshire 17%, North Central Wales 18%, Mid Wales 5%, Cardiff 5% and Gwent 3%. Across Wales as a whole, 11% of magistrates are Welsh speaking and this sort of data helps us to focus on training and targeted recruitment.”

Finally, Baroness Carr outlined the following summary of her key commitments as LCJ:

1. To maintain the policy that Welsh cases are heard in Wales.
2. To sustain specialist training in devolved law and in the use of Welsh language.
3. To support a modern, fit-for-purpose court estate.
4. To deepen engagement with the Senedd and with the Welsh Government and
5. “above all, to ensure that the people of Wales can access justice that is timely, fair, and true to Wales' unique character and needs”.

Lottie Winson