The Parameters of Business Judgment
Room 106, Level 1
Melbourne Law School, 185 Pelham St, Carlton
Classifying a decision as a business judgment provides directors with a powerful shield from legal accountability. Yet what decisions are categorised as business judgments has never been closely considered, and the precise boundaries of the protection from liability enjoyed by directors have never been delineated.
This seminar examines how, if at all, the courts of England, Australia and Delaware have defined business judgment. It considers what a judgment is, an event or a process? Are there different categories of business judgment? A comprehensive database search has been conducted of case-law in England and Wales on the directors’ duty of care and other causes of action in which business judgment or equivalent terms have been used, or in which the courts have reviewed directors’ decisions; key US and Australian decisions are also considered.
About the speaker
Professor Joan Loughrey is Professor of Law in the School of Law at the University of Leeds. She studied Law at Somerville College, Oxford, and was awarded a College Exhibition. She studied Law at Somerville College, Oxford, and was awarded a College Exhibition. She was admitted as a solicitor of the High Court of England and Wales and of the Supreme Court of Hong Kong, practising as a solicitor in both jurisdictions before entering academia.
She has written widely on corporate law and the legal profession in leading journals and given a number of invited lectures including at Cambridge, UCL, Hong Kong University, Georgetown, and UNSW. She is currently the Principal Investigator on an inter-disciplinary AHRC funded project conducted by the School of Law University of Leeds, and the Management School University of Liverpool examining the concept of business judgment. She has previously been a Parsons Visitor at the University of Sydney. Until last year she was the Deputy Head of the School of Law, Leeds and previously Director of its Centre for Business Law and Practice.