Faculty of Education, Social Sciences and Law

School of Law

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Joan Loughrey's Publications

Books

  • Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis, ed. by Loughrey J, Corporations, Globalisation and the Law series (Edward Elgar, 2012)

    The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties to their institutions. This book assesses whether the law relating to directors’ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006.

  • Loughrey J, Corporate Lawyers and Corporate Governance (Cambridge Univ Pr, 2011)

Journal articles

  • Loughrey JM, ‘Accountability and the Regulation of the Large Law Firm Lawyer’, Modern Law Review, 77.5 (2014), 732-762

    The regulation of solicitors in England and Wales has undergone great change in the wake of the Legal Services Act 2007. This article considers these regulatory developments through the lens of accountability, focussing on the regulation of transactional lawyers and the large commercial firms. It examines to what extent the Solicitors Regulation Authority's regulatory framework promotes accountability, examining entity regulation, outcomes-focussed and principles-based regulation, reporting and disclosure obligations, the Compliance Officer for Legal Practice and the sanctions system. It argues that although transactional lawyers cannot claim the benefit of the ethical principle of non-accountability, as far as they and their firms are concerned, the regulatory framework is both unnecessary and insufficient. It duplicates the function of accountability to the client and fails to hold transactional lawyers to account for significant regulatory risks that they present, such as the practice of creative compliance.

  • Loughrey JM, ‘An unsatisfactory stalemate: R (on the application of Prudential plc) v Special Commissioner of Income Tax’, International Journal of Evidence and Proof, 18.1 (2014), 65-77

  • Loughrey JM, ‘Breaching the Accountability Firewall: Market Norms and the Reasonable Director’, Seattle University Law Review, 37.3 (2014), 134-154

  • Loughrey JM, ‘Large Law Firms, Sophisticated Clients, and the Regulation of Conflicts of Interest in England and Wales’, Legal Ethics, ed. by Parker C, 14.2 (2011), 215-238

  • Loughrey JM, Keay A, ‘Derivative Proceedings in a Brave New World for Company Management and Shareholders’, Journal of Business Law, 2010 (2010), 151-178

  • Keay AR, Loughrey JM, ‘˘ “Something Old, Something New, Something Borrowed : An Analysis of the New Derivative Action Under the Companies Act 2006’, The Law Quarterly Review 2008, 469-500

  • Loughrey JM, Keay AR, Cerioni L, ‘˘ “Legal Practitioners, Enlightened Shareholder Value and the Shaping of Corporate Governance’, Journal of Corporate Law Studies, 8 (2008), 79-111

  • Loughrey JM, ‘Can You Keep a Secret? Children, Human Rights, and the Law of Medical Confidentiality’, Child and Family Law Quarterly, 2008 (2008), 312-334

  • Loughrey JM, ‘Privileged Litigants: Shareholder Rights, Information Disclosure and Corporate Legal Professional Privilege’, Journal of Business Law, 2007.7 (2007), 778-806

  • Loughrey JM, ‘The Confidentiality of Medical Records: Informational Autonomy, Patient Privacy and the Law’, Northern Ireland Legal Quarterly, 56.3 (2005), 293-319

  • Loughrey JM, ‘Legal advice privilege and the corporate client’, International Journal of Evidence and Proof, 9.3 (2005), 183-203
    DOI: 10.1350/ijep.2005.9.3.183

  • Loughrey JM, ‘Public Bodies and Private Medical Records: the Health and Social Care (Community Health and Standards) Act 2003’, Medical Law International, 6.4 (2004), 317-338

  • Loughrey JM, ‘Medical information, confidentiality and a child's right to privacy’, Legal Studies, 23.3 (2003), 510-535
    DOI: 10.1111/j.1748-121X.2003.tb00224.x

  • Loughrey JM, Edge P, ‘Religious charities and the juridification of the Charity Commission’, Legal Studies, 21.1 (2001), 36-64
    DOI: 10.1111/j.1748-121X.2001.tb00166.x

Chapters

  • Loughrey JM, Campbell D, ‘The Regulation of Self-interest in Financial Markets’, in Integrity, Risk and Accountability in Capital Markets, ed. by O'Brien J and Gilligan G (Hart Publishing, 2013), 65-90

  • Loughrey JM, ‘Introduction’, in Directors' Duties and Shareholder Litigation in the wake of the Financial Crisis (Edward Elgar, 2012), 1-11

  • Loughrey JM, Keay A, ‘An assessment of the present state of statutory derivative proceedings’, in Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis, ed. by Loughrey J (Edward Elgar Publishing, 2012), 187-228

  • Loughrey JM, ‘Conclusion’, in Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis, ed. by Loughrey J (Edward Elgar Publishing, 2012), 247-256

  • Loughrey JM, ‘The director's duty of care and skill and the financial crisis’, in Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis, ed. by Loughrey J (Edward Elgar Publishing, 2012), 12-49

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