The civil court system is on the edge of collapse, one of Britain’s top county court judges has warned.

Judge Paul Collins, London’s most senior county court judge, told BBC Radio 4’s Law in Action programme that serious errors are commonplace.

He said low pay and staff shortages mean “we run the risk of bringing about a real collapse in the service”, warning that a lack of resources is leading to mistakes.

He explained that a common problem is when someone who is being sued files a defence, but the papers are not passed on to the judge by court staff.

The judge will automatically award damages to the person who brought the claim, assuming that the person being sued does not want to defend it.

Judge Collins told the BBC: “This happens on a regular basis, and although these errors can be put right it takes work to put them right, producing more to do for already hard-pressed court staff and judges.

“Staff in the court service are among the poorest paid of all government departments.

“We are operating on the margins of effectiveness, and with further cuts looming we run the risk of bringing about a real collapse in the service.”

Problems in the administration of the courts have, in Judge Collins’s experience, been further exacerbated by cuts in the availability of legal aid.

“There is plenty of anecdotal evidence that this has led to an increase in the number of people representing themselves without the help of a qualified lawyer.

“These cases inevitably take up more time and as a result court proceedings last longer to the detriment of others using the courts.”

Simon Hughes, The Liberal Democrats' Constitutional affairs spokesman, said: “This latest warning by a senior judge must be taken seriously. With solicitors and advice agencies really troubled about the future of legal aid and judges regularly concerned about the load on the courts, the message to the Government is clear."

“If Britain is to continue its reputation for proper access to high-quality justice then we need to invest in our justice system as befits a key part of the welfare state."

There are 218 county courts in England and Wales, dealing with claims for matters such as personal injury, house repossessions and breaches of contract.

All but the most complicated non-criminal cases are dealt with by the county courts.

However lawyers have warned that the problems could spread to the High Court.

Hugh Evans, a litigation partner in the Leeds office of DLA Piper, said: “In the major cities outside London, the High Court and the County Court are located in the same building and share the same back office. The Court Service is responsible for administering both functions.

"Unless there's a deliberate policy of targeting the County Courts then these cutbacks are going to hit the High Court as well. That has certainly been our experience. We have seen increasing delays - sometimes of several weeks - in important papers being returned by the court to us. When they are returned they sometimes contain serious errors which require correction. This is clearly affecting access to the courts system at all levels."

Explore Law

• Columnists

• Law Panel

• Law Reports

• Student Law

Times Recommends

• The best legal yarns this Christmas
• Legal school 'earned £1m by exploiting bar course'
• Axe may fall on 5,000 more City lawyers