'Should Judges Review Directors’ Business Judgment(s)?' - Andrew Keay & Joan Loughrey: 3CL Travers Smith Seminar

Professor Andrew Keay & Professor Joan Loughrey (University of Leeds, UK) gave a lecture entitled "Should Judges Review Directors’ Business Judgment(s)?" on 21 February 2019 at the Faculty of Law as guests of 3CL. 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 see the Centre for Corporate and Commercial Law website at http://www.3cl.law.cam.ac.uk/