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Transferring into the Crown Office: A Postscript

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Abstract:

Following completion of last quarter's article on this topic (“Transferring Cases Into the Crown Office List” [2000] JR 91), but too late for inclusion in it, Sir Jeffery Bowman's committee published its Review of the Crown Office List. In the article it was argued that, at least pre-CPR, the courts had no power to transfer cases begun by writ onto the Crown Office list (and that it was unclear whether the Woolf reforms had changed this). Furthermore, the potential usefulness of such an ability was doubted. The most difficult cases taking the exclusivity point involve cases out of time for judicial review and so it is difficult to imagine that there will be many that are appropriate for transfer across. The court would have to be prepared to extend time and be convinced that the case could not properly be heard by the ordinary procedure.

Keywords: Lord Woolf; judicial review; the Bowman Report; the Crown Office

Document Type: Research Article

Publication date: September 1, 2000

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  • Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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