Kevin Cross
{{short description|Irish barrister, High Court judge since 2011}}
{{Use dmy dates|date=February 2022}}
{{Use Irish English|date=February 2022}}
{{Infobox judge
| name = Kevin Cross
| image =
| office = Judge of the High Court
| term_start = 24 October 2011
| term_end = 18 November 2021
| nominator = Government of Ireland
| appointer = Mary McAleese
| birth_date = {{birth year and age|1951}}
| birth_place =
| death_date =
| death_place =
| nationality = Irish
| spouse = Alison Lindsay
| children =
| education =
| alma_mater = {{Ubl|University College Dublin|King's Inns}}
| signature =
|}}
Kevin Cross (born 1951) is a retired Irish judge who served as a Judge of the High Court from 2011 to 2021.{{Cite web|url=https://www.thejournal.ie/ruth-morrissey-appeal-4685421-Jun2019/|title='She wants it to be over': Ruth Morrissey 'very upset' over State move to appeal CervicalCheck case|last=Hennessy|first=Michelle|website=TheJournal.ie|language=en|access-date=2019-06-26|archive-date=2019-06-26|archive-url=https://web.archive.org/web/20190626233055/https://www.thejournal.ie/ruth-morrissey-appeal-4685421-Jun2019/|url-status=live}}{{Cite web|url=https://www.independent.ie/irish-news/courts/ruth-morrissey-feels-powerless-as-2-1m-cancer-award-appealed-38224604.html|title=Ruth Morrissey feels 'powerless' as €2.1m cancer award appealed|website=Independent.ie|language=en|access-date=2019-06-26|archive-date=2019-06-17|archive-url=https://web.archive.org/web/20190617124506/https://www.independent.ie/irish-news/courts/ruth-morrissey-feels-powerless-as-2-1m-cancer-award-appealed-38224604.html|url-status=live}}
Early life
Cross attended Gonzaga College, University College Dublin and the King's Inns. He served as Auditor of the UCD L&H.{{cite web |title=The Gonzaga Record 1985 |url=http://www.gonzagaarchive.ie/archive/1985/files/basic-html/page77.html |accessdate=26 June 2019 |archive-date=1 December 2017 |archive-url=https://web.archive.org/web/20171201102602/http://www.gonzagaarchive.ie/archive/1985/files/basic-html/page77.html |url-status=live }} He became a barrister in 1975, and a senior counsel in 1997.{{cite web |title=Appointments to the High Court |url=https://merrionstreet.ie/en/News-Room/News/appointments-to-the-high-court.html |publisher=Irish Government News Service |accessdate=26 June 2019 |archive-date=16 May 2019 |archive-url=https://web.archive.org/web/20190516195520/https://merrionstreet.ie/en/News-Room/News/appointments-to-the-high-court.html |url-status=live }} He has represented the Attorney General of Ireland, the Residential Institutions Redress Board and Our Lady's Children's Hospital, Crumlin.{{cite news |title=Challenge on £475,000 from Christian Brothers site |url=https://www.irishtimes.com/news/challenge-on-475-000-from-christian-brothers-site-1.339976 |accessdate=26 June 2019 |newspaper=The Irish Times |date=1 December 2001}}{{cite news |title=Board's refusal of application challenged |url=https://www.irishtimes.com/news/board-s-refusal-of-application-challenged-1.785668 |accessdate=26 June 2019 |newspaper=The Irish Times |date=17 June 2009 |archive-date=26 February 2021 |archive-url=https://web.archive.org/web/20210226121633/https://www.irishtimes.com/news/board-s-refusal-of-application-challenged-1.785668 |url-status=live }}{{cite news |last1=Donnellan |first1=Eithne |title=× Doctors cleared as inquiry into wrong kidney's removal ends |url=https://www.irishtimes.com/news/doctors-cleared-as-inquiry-into-wrong-kidney-s-removal-ends-1.646580 |accessdate=26 June 2019 |newspaper=The Irish Times |date=4 September 2010}}
Judicial career
Cross was appointed a High Court judge in October 2011.{{cite news |title=Two new High Court judges to fill vacancies |url=https://www.independent.ie/irish-news/two-new-high-court-judges-to-fill-vacancies-26785369.html |accessdate=26 June 2019 |work=Irish Independent |date=25 October 2011 |archive-date=26 June 2019 |archive-url=https://web.archive.org/web/20190626223826/https://www.independent.ie/irish-news/two-new-high-court-judges-to-fill-vacancies-26785369.html |url-status=live }} He was in charge of the personal injuries list for the High Court.{{cite news |last1=Healy |first1=Tim |title='People may die before cancer misdiagnosis cases are heard' |url=https://www.independent.ie/irish-news/courts/people-may-die-before-cancer-misdiagnosis-cases-are-heard-37580537.html |accessdate=26 June 2019 |work=Irish Independent |date=30 November 2018 |archive-date=26 June 2019 |archive-url=https://web.archive.org/web/20190626223825/https://www.independent.ie/irish-news/courts/people-may-die-before-cancer-misdiagnosis-cases-are-heard-37580537.html |url-status=live }}{{cite web |title=General Notices: 12 February 2020 - HC Judges Hilary '20 |url=http://legaldiary.courts.ie/legaldiary.nsf/general-notices/3ac2b7ee81befa0c8025850c00438620?OpenDocument |publisher=Courts.ie |accessdate=20 February 2020 |archive-date=18 February 2020 |archive-url=https://web.archive.org/web/20200218094001/http://legaldiary.courts.ie/legaldiary.nsf/general-notices/3ac2b7ee81befa0c8025850c00438620?OpenDocument |url-status=live }}{{cite web |title=Notice - High Court Michaelmas Term - Assignment of Judges |url=https://www.courts.ie/news/notice-high-court-michaelmas-term-assignment-judges |website=Courts Service |accessdate=14 October 2020 |date=13 October 2020}}
He presided over Morrissey v Health Service Executive, which arose out of the CervicalCheck cancer scandal. He held that screeners must have "absolute confidence" before definitively ruling out a health condition in a screening test.{{cite court|litigants=Morrissey v Health Service Executive & ors|opinion=[2019] IEHC 268|pinpoint=|court=High Court|date=3 May 2019|url=https://www.bailii.org/ie/cases/IEHC/2019/H268.html
}} This was subject to an appeal to the Supreme Court of Ireland due to the standard of confidence he applied.{{cite news |last1=Cullen |first1=Paul |title=Cancer screening: Claims body says appeal will not affect Ruth Morrissey's €2.1m award |url=https://www.irishtimes.com/news/health/cancer-screening-claims-body-says-appeal-will-not-affect-ruth-morrissey-s-2-1m-award-1.3928742 |accessdate=26 June 2019 |newspaper=The Irish Times |date=18 June 2019 |archive-date=18 June 2019 |archive-url=https://web.archive.org/web/20190618025140/https://www.irishtimes.com/news/health/cancer-screening-claims-body-says-appeal-will-not-affect-ruth-morrissey-s-2-1m-award-1.3928742 |url-status=live }} The Supreme Court unanimously upheld his decision.{{cite news |title=Supreme Court: HSE and labs' appeal dismissed in Ruth Morrissey cervical smear case |url=https://www.irishlegal.com/article/supreme-court-hse-and-labs-appeal-dismissed-in-ruth-morrissey-cervical-smear-case |accessdate=21 July 2020 |work=Irish Legal News |language=en |archive-date=20 January 2021 |archive-url=https://web.archive.org/web/20210120222350/https://irishlegal.com/article/supreme-court-hse-and-labs-appeal-dismissed-in-ruth-morrissey-cervical-smear-case |url-status=live }} Cross criticised the response of some doctors to his decision, calling some commentary "hysterical".{{cite news |last1=Keena |first1=Colm |title=Judge criticises medical profession for commenting on his ruling |url=https://www.irishtimes.com/news/crime-and-law/judge-criticises-medical-profession-for-commenting-on-his-ruling-1.3888117 |accessdate=26 June 2019 |newspaper=The Irish Times |date=11 May 2019 |archive-date=11 May 2019 |archive-url=https://web.archive.org/web/20190511035731/https://www.irishtimes.com/news/crime-and-law/judge-criticises-medical-profession-for-commenting-on-his-ruling-1.3888117 |url-status=live }}
He served as Chairperson of the Referendum Commission for two concurrent referendums in 2015, the successful 34th Amendment and unsuccessful 35th Amendment Bill 2015 to the Constitution.{{cite web |title=Minister Kelly establishes Referendum Commissions |url=https://www.housing.gov.ie/local-government/voting/referendum-commission/minister-kelly-establishes-referendum-commissions |publisher=Department of the Environment, Community and Local Government |accessdate=26 June 2019 |archive-date=26 June 2019 |archive-url=https://web.archive.org/web/20190626223836/https://www.housing.gov.ie/local-government/voting/referendum-commission/minister-kelly-establishes-referendum-commissions |url-status=live }}
He retired as a judge in November 2021 and stated he plans to undertake a PhD on John Philpot Curran.{{cite news |title=Retiring Justice Kevin Cross warns on 'battalions with deep pockets' |url=https://www.irishtimes.com/news/crime-and-law/courts/high-court/retiring-justice-kevin-cross-warns-on-battalions-with-deep-pockets-1.4732761 |access-date=19 November 2021 |newspaper=The Irish Times |language=en}}{{cite news |title=Mr Justice Kevin Cross retires from the High Court |url=https://www.irishlegal.com/articles/mr-justice-kevin-cross-retires-from-the-high-court |access-date=19 November 2021 |work=Irish Legal News |language=en}}
Personal life
He is married to Alison Lindsay.{{cite news |title=The two men now heading for High Court ... |url=https://www.independent.ie/irish-news/the-two-men-now-heading-for-high-court--26781412.html |accessdate=26 June 2019 |work=Irish Independent |date=13 October 2011 |archive-date=16 May 2019 |archive-url=https://web.archive.org/web/20190516195517/https://www.independent.ie/irish-news/the-two-men-now-heading-for-high-court--26781412.html |url-status=live }} Lindsay is a retired judge of the Circuit Court.{{cite news |title=Tributes as Circuit Court's Judge Alison Lindsay retires |url=https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/tributes-as-circuit-court-s-judge-alison-lindsay-retires-1.2739146 |accessdate=26 June 2019 |newspaper=The Irish Times |date=29 July 2016 |archive-date=30 July 2016 |archive-url=https://web.archive.org/web/20160730200617/http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/tributes-as-circuit-court-s-judge-alison-lindsay-retires-1.2739146 |url-status=live }}