Private, Regulatory and Commercial Law Research Group

Date & time

1–2pm Wednesday 10 May 2017

Venue

Moot Court

ANU College of Law, 5 Fellows Road, The Australian National University

Speakers

Professor Joan Loughrey, University of Leeds

Accommodation

For interstate visitors, we offer suggestions for accommodation near ANU.

Contact

Nicole Harman
Meeting
Joan Loughrey

This paper explores the parameters of the concept of a business judgment, by examining how, if at all, the courts of England, Australia and the US (primarily Delaware) have defined directors' business judgment. It considers what a judgment is, and what kinds of decisions are business judgments; is judgment an event or a process?  is it possible to categorise different types of decisions involving business judgment? What kinds of decisions are not deferred to and why? What does it mean to designate something as a business judgment?

A comprehensive database search has been conducted of the case-law in England and Wales on the directors’ duty of care; wrongful trading, applications for leave to bring a derivative claim, unfair prejudice, improper purpose cases, and director’s disqualification to identify cases in which business judgment or equivalent terms have been used, or in which the courts have reviewed directors’ decisions; key US decisions on the business judgment rule; and Australian cases examining business judgment are also considered.

Speakers

  • Joan Loughrey »

    Joan's published work includes a book on the corporate governance role of corporate lawyers, described as ‘a thoroughly enjoyable and stimulating text, addressing a topic of huge importance that deserves close reading by both practitioners and legal educators.’ (Riley, Journal of Business Law, 2013), contributions to edited collections and peer reviewed articles.

    Her research interests are in corporate governance and company law, regulation of the legal profession, the law regulating lawyers (especially conflicts of interest and legal professional privilege) and the regulation of conduct in financial services.

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