Cases reflect growing use of the mechanism

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The Independent Online
Recourse to judicial review is an increasingly used mechanism of England's justice system, writes James Cusick.

Recent cases show the wide areas of conflict that have been considered as requiring the potential attention of the judicial review procedure.

St Bartholomew's Hospital: In July 1994, the Court of Appeal refused to overturn a previous High Court ruling challenging a decision by Virginia Bottomley, Secretary of State for Health, to close the hospital. Lord Justice Bingham, the Master of the Rolls, said he agreed with an earlier decision not to grant Bart's supporters a judicial review on the ruling.

Winston Silcott: In July 1994, cleared of killing Constable Keith Blackelock during the 1985 Broadwater Farm riots, he was granted leave to apply for a judicial review in connection with an earlier murder conviction.

Eurotunnel: In July 1994, sought to challenge, through judicial review, the principle of duty free sales by ferry firms.

IRA prisoner: In May 1994, Ronald McCartney, the longest serving IRA prisoner in Northern Ireland, was granted a judicial review of his 25-year sentence for the attempted murder of three policemen.

Cult Women: In April 1994, Susan Hagan and Sally Croft were granted leave to seek a judicial review of the Home Secretary's refusal to delay extradition to the US until after the House of Lords had ruled in another case. The High Court rejected their application in July and they were extradited.

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