3CL Travers Smith Seminar: 'Should Judges Review Directors’ Business Judgment(s)?'

Speaker: Professor Andrew Keay & Professor Joan Loughrey (University of Leeds, UK)

Directors are rarely held legally accountable for decisions that have poor outcomes. A key reason is that courts have asserted that the exercise of director’s business judgment should be immune from judicial review. Thus classifying a decision as a business judgment provides directors with a powerful shield from accountability. Yet the meaning and boundaries of the concept of business judgment and the consequences of review/non-review have received little attention. In their seminar, Professors Keay and Loughrey will address this gap by: (1) establishing what is meant by business judgment, (2) identifying how the courts apply this concept, and (3) assessing to what extent directors’ decisions in England and Wales should be subject to review by the courts.

3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners. For more information on past events including recordings, please refer to the Centre activities page.

For all seminars in B16, lunch will be available beforehand in the Basement atrium area. There is no charge for lunch or to attend the seminar.

Enquiries to: 3cl@law.cam.ac.uk