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Course Details

(Webinar via Zoom) Procedural Fairness and Procedural Impropriety as Grounds of Judicial Review
Dr. Stephen Thomson, Associate Professor, ANU College of Law, The Australian National University
Date: 21 May 2025 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,850
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L25CP02
Venue: Webinar Course
Presenter's Biography:

Dr. Stephen Thomson is an Associate Professor in the ANU College of Law, The Australian National University, where he is also the General Editor of the Federal Law Review. He previously held academic appointments at The Chinese University of Hong Kong and City University of Hong Kong, where he was also the Director of Research Postgraduate Programmes (Law). Dr. Thomson served as a Legal Adviser to the Ombudsman of Hong Kong for a number of years, and he continues to be a member of the Constitutional Affairs and Human Rights Committee of the Law Society of Hong Kong, and an examiner on the Overseas Lawyers Qualification Examination.
Dr. Thomson is the author of 'Administrative Law in Hong Kong' (Cambridge University Press, 2018), the leading text on the subject, carrying a foreword by Hon. Andrew Li, first Chief Justice of the Hong Kong SAR. Dr. Thomson's other books include 'Administrative Law: A Very Short Introduction' (Oxford University Press, 2025), 'Administrative Tribunals in the Common Law World' (Hart Publishing, 2024) (edited with Matthew Groves and Greg Weeks) and 'The Nobile Officium' (Avizandum / Edinburgh University Press, 2015). He is the lead editor of the ‘Administrative Law' volume in the Stair Memorial Encyclopaedia (the most authoritative reference work on the law of Scotland) and is the Rapporteur for the Hong Kong SAR in The Oxford Compendium of National Legal Responses to COVID-19 international project. He has published in several leading journals including the Oxford Journal of Legal Studies, Public Law, Melbourne University Law Review, Civil Justice Quarterly and the Harvard Journal of Law & Technology. Dr. Thomson's work has been cited by courts in Hong Kong, England and Scotland.

Dr. Thomson holds the degrees of LL.B. (Hons.) (First Class), LL.M. (Res.) (by Thesis), Dip.L.P. and Ph.D. from the University of Edinburgh, and he was a Herbert Smith Freehills Visitor at the Faculty of Law, University of Cambridge. In addition to his academic work, Dr. Thomson has acted in a consultancy and advisory capacity to public bodies and law firms in Hong Kong and the UK.
 
Objective:

Procedural fairness and procedural impropriety are increasingly important grounds of judicial review. From licence applications to regulatory decisions, immigration refusals to disciplinary decisions, there are many opportunities for public decision-makers to go wrong procedurally. The law applies strict standards of procedural fairness and procedural impropriety which must be observed by public decision-makers. A sound understanding of this important ground of judicial review is necessary, both for government and public decision-makers to keep themselves right, and applicants who may seek to enforce this ground in judicial review.

This seminar will take delegates through the main aspects of the law on procedural fairness and procedural impropriety, including the right to an oral hearing, the right to be represented, the duty to give reasons for a decision, and bias/partiality. Real cases will be used to explain and illustrate the main points and your seminar leader will be delighted to answer your questions on the day. The session will be useful for solicitors in both the public and private sectors; and to those who both seek to launch a judicial review application or who may find themselves on the receiving end of one. Come along and learn from this interactive seminar. All welcome!
 
Outline:

  • Up-to-date coverage of procedural fairness and procedural impropriety as grounds for judicial review
  • Explanation of the key aspects of procedural fairness and procedural impropriety: the right to an oral hearing, the right to be represented, the duty to give reasons for a decision, and bias/partiality
  • Aimed at applicants and respondents; those working in private practice, and those working in government and the public sector
  • Use of real cases to explain and illustrate the main points

 
Category: Civil Litigation & Procedure
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