12.
I therefore recommend an increase to $250,000. Anything less than $100,000 would be much too low. These figures are subjectively
chosen and are not supported by statistics to show how much work could
be expected to move. Such statistics are not available. It would,
however, surprise me if the larger increase had any greater effect on
High Court numbers than to bring down the number of Deputy Judges. If
it did reduce the Supreme Court establishment by one or two that would
accord with my view on structure but I doubt that it would. The main
change would be a move of office staff since the great bulk of claims
are not litigated at all but dealt with under the default procedures.
The monetary level should be reviewed at intervals of two years.
Provision for unlimited jurisdiction with the consent of the parties
should be considered.
13.
It may be thought that
thought that another way of relieving the Nigh
Court would be by giving the District Court unlimited jurisdiction in
personal injuries work. The pragmatic reasoning is that the issues of
fact are usually simple and that there is a tendency to entrust the Hasters with assessment of damages. Therefore, it is said, the time of“
High Court Judges could be better spent doing something else.
however, been pointed out that although the issue of liability may be
simple in some cases it is not sc in all.
It has,
14.
I would advise that this question be looked at with a view to
seeing whether the right course would be to enable the District Court
to take cases of injuries arising from road accidents and accidents at
work. On current figures, however, the relief for judges would be
minimal: during 1985 only 166 writs were issued in the High Court and
only 27 cases were set down for trial. The main burden probably falls
on the Masters. The question whether they should be relieved may be
important and, equally so, whether their kind of interlocutory function
would have to be available in the District Court. In a six-month
period in 1986 only 46 cases were filed in that court and only 18 set
down. It should also be recognised that difficult issues on liability
and quantum do arise in simple-seeming accidents.
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