Profile
John Lowry joined the Faculty of Laws in 2004 having moved from the Centre
for Commercial Law Studies at Queen Mary London. He has taught law in the
USA (New Jersey) and practised in Canada specialising in corporate litigation.
He has written widely in domestic and international journals on directors’ fiduciary
obligations, shareholder remedies and insurance law. He is a contributing
editor to Gore-Browne on Companies, Company Law section editor for
the Journal
of Business Law and Case Review editor for International Corporate
Rescue.
He is also an editor of The Company Lawyer. During 2000-2002 he was an Associate Senior Research Fellow at the Institute
of Advanced Legal Studies. In 2001 he was a Visiting Fellow at the University
of Connecticut, Centre for Insurance Law Research.
Research
Current research interests include directors’ fiduciary obligations, shareholder
remedies and the duty of good faith in insurance law. He has just completed the third edition of Pettet's Company Law with Arad Reisberg.
Selected Publications:
Books
Pettet's Company Law: Company Law & Capital Markets Law (Harlow, Pearson Longman, 2012); with Arad Reisberg.
Company Law (Oxford, OUP, 2012); with Alan Dignam.
Insurance Law: Doctrines and Principles (2011, Oxford,
Hart Publishing); with Philip Rawlings and Robert Merkin.
Insurance Law: Cases & Materials (Oxford, Hart Publishing, 2004); with
Philip Rawlings.
Limitation of Actions (London, Lloyd’s
of London Press, 1998); with David Oughton and Robert Merkin.
Textbook on
Consumer Law (Oxford, OUP, 2000); with David Oughton.
Contributing editor
Gore-Browne on Company Law (Bristol, Jordans Publishing, looseleaf)
Annotated Companies Acts (Oxford, looseleaf)
Insurance Law (London, Informa Press, 2007)
Volume editor
Commercial Law: Perspectives and Practice (Essays in honour of Professor Sir Roy Goode) (London, Butterworths, 2006)
Environmental Protection and the Common Law. John Lowry and Rod Edmunds
(eds), (Oxford, Hart Publishing, 2000).
Chapters in Books and Contributions to Edited Essays
"The Prohibition Against Financial Assistance: Constructing an Alternative Response." D Prentice & A Resiberg (ed), Corporate Finance Law in the UK and EU (Oxford, OUP, 2011).
"The Parameters of the Insured's Pre-Contracted Duty of Disclosure: Convergence Across the Jurisdictional Divide." J Burling (ed) International Insurance Law and Regulation (Northampton, Elgar, 2012).
“Transacting with Companies.” Oxford Companion to the Law. P.Cane (ed) (Oxford, OUP, 2008)
Introduction to Commercial Law: Perspectives and Practice (London, Butterworths, 2006)
“Relieving Director’s Breach of Duty.” Sarah Worthington
(ed), Commercial Law and Commercial Practice, (Hart Publishing , 2003); with
Rod Edmunds.
“Rethinking Insurable Interest.” Sarah Worthington (ed), Commercial
Law and Commercial Practice, (Hart Publishing , 2003); with Philip Rawlings,
UCL.
“Excuses”. Peter Birks and Arianna Pretto (eds), Breach
of Trust (Oxford, Hart Publishing, 2002); with Rod Edmunds.
“Mapping the Boundaries of Unfair Prejudice.” John de Lacey
(ed), The Reform of Company Law (London, Cavendish, 2002).
“Section 317: Injecting Rationality into Directorial Disclosure.” D.
Sugarman and M. Andenas (eds), Developments in European Company Law (London,
Kluwer Law International, 2000).
“Consumer Law into the Next Millennium: A Serious Service Fault?” D.
Hayton (ed), Law(s) Future (Oxford, Hart Publishing, 2000); with David Oughton.
“Stigma Damages, Amenity and the Margins of Economic Loss: Quantifying
Perceptions and Fears” in Environmental Protection and the Common
Law,
(see above).
Articles
"Whither the Duty of Good Faith." [2010] UCILJ 97
“The Duty of Loyalty of Company directors: Bridging the Accountability Gap Through Efficient Disclosure.” [2009] CLJ 595
“Reconstructing Insurance Law: The Law Commission's Consultation Paper.” (with R. Merkin) [2008] MLR 95.
“Redrawing the Parameters of Good Faith in Insurance Contracts.” [2007] CLP 338
“The Codification of Directors’ Duties: Capturing the Essence
of the Corporate Opportunity Doctrine” [2007] Corporate Ownership
and Control 22.
“The whistle-blower and the non-executive director.” [2006]
Journal of Corporate Law Studies 249.
“Innominate Terms in Insurance Contracts” (with Philip Rawlings)
[2006] Lloyd’s Maritime & Commercial Law Quarterly 135.
“Fraudulent Claims: Framing the Appropriate Remedy” (with Philip
Rawlings [2006] Journal of Business Law 338.
“Insurers, Claims and the Boundaries of Good Faith” (with Philip
Rawlings) [2005] Modern Law Review 82.
“Proximate Causation in Insurance Law” (with Philip Rawlings)
Modern Law Review 309.
“Eliminating Obstacles to Freedom of Establishment: The Competitive
Edge of UK Company Law.” [2004] Cambridge Law Journal 331.
“Spelling the End of Siege Réel: The Ascendancy of UK Company
Law”. [2004] Mitteilungsblatt (Internationaler Rechtsverkehr) 28.
“The Continuing Value of Relief for Director’s Breach of Duty”
[2003] Modern Law Review 195 (with Rod Edmunds).
“The Quickening of Insurable Interest in Property Insurance: A Return
to the Strict Orthodoxy in the English Courts?” [2001] Journal of
International Insurance 225.
“Reflections on the English and Scottish Law Commissions’ Proposals
for Directorial Disclosure.” [2000] Deakin Law Review (Victoria,
Australia) 1 (with Rod Edmunds).
“Promoting Impartiality and Candour in the Ratification Process: Transatlantic
Reflections on the Role of the Disinterested Director.” [2000] Journal
of International and Comparative Corporate Law 235 (with Rod Edmunds).
“The No Conflict - No Profit Rules and the Corporate Fiduciary: Challenging
the Orthodoxy of Absolutism” [2000] Journal of Business Law 122
(with Rod Edmunds).
Shorter Articles and Commentaries
"The Irreducible Core of the Duty of Care, Skill and Diligence of Company Directors." [2012] MLR 249
'Judicial Pragmatism: Director's Duties and Post-Resignation Conflicts of Duty' [2008] JBL 83
'Claims and Conditions Precedent to Liability' [2008] JBL 79
'Insurers, Claims and the Boundaries of Good Faith [2005] MLR 81
“Liquidators’ Remuneration and Expenses: Redressing the Muddle” [2004] International Corporate Rescue 167.
“Post-Petition Banking Transactions: the Reach of Section 127 of
the Insolvency Act 1986” [2004] International Corporate Rescue 118.
“Holding the Tension between Salomon and the Personal Liability of
Directors” (1998)
77 The Canadian Bar Review 467-477.
Articles in progress/forthcoming
Conference proceedings and papers
'The Limits of Director's Liability for Corporate Wrongs' at Monash University, 14 December 2007.
Constructing an Ideal Business Vehicle for Small Businesses: the Limitations of the Third Way' at Tsinghua University, Beijing, 20 October 2007.
“Centros Revisited.” The German Lawyer’s Association
(DAV), Verdrängt Das Europäische Recht Das Nationale Gesellschaftsrecht,
held at the University of Cologne, 30 October 2003.
“Corporate Social Responsibility”. The University of Warwick,
Corporate Risk Conference, 17 April 2003.
“Rethinking Insurable Interest”. Commercial Law and Commercial
Practice Seminar, the LSE, 29 November 2002 with Philip Rawlings.
“Relieving Director’s Breach of Duty.” Commercial
Law and Commercial Practice Seminar, the LSE, 29 November 2002 with Rod Edmunds.
“The Continuing Value of Relieving Directors under section 727 of the
Companies Act 1985.” Public Lecture delivered at the IALS, 10 June
2002.
“Directors’ Duties and Conflicts of Interest”. The National
Securities Markets Association Conference, Moscow, 23 April 2002.
“Protecting Shareholder Rights.” The Russian Federal Securities
Commisssion for the Securities Market, Moscow, 3 December 2001.
“Keeping Shareholders Informed.” The Russian Federal Securities
Commisssion for the Securities Market, Moscow, 4 December 2001.
“Honest and Reasonable Breaches”. The Mansfield Symposium
on Breach of Trust, All Soul’s Oxford, 19 April 2001.
Current Teaching Undergraduate
Company Law
Graduate
Company Law
Insurance Law
PhD Supervision
John Lowry welcomes approaches for supervision from prospective PhD students, wishing to research directors' duties or insurance contract law.