Retiring judge fears personal injury case changes benefit those 'with deep pockets'
Mr Justice Kevin Cross said the practice of having pre-trial motions, motions for discovery and written submissions can have serious negative effects in ordinary personal injury cases. File photo: Jason Clarke Photography
A senior judge retiring after a decade handling the personal injuries list has said he fears recent and proposed changes in practice will have the effect of changing the system designed to get a case to the door of a court quickly with “a war of attrition” type scenario.
And Mr Justice Kevin Cross warned the only winners in such a scenario are “battalions with deep pockets". The judge, who was speaking from the bench as tributes were made on his retirement, said the practice of having pre-trial motions, motions for discovery and written submissions can be very good in cases where everyone has deep pockets. But he said they can have serious negative effects in ordinary cases.
