ABSTRACT
The enduring influence of Lady Arden over the development of modern corporate law can be seen across its key components. This essay explores her impact by distilling the key features that, taken together, represent the hallmark of her approach. The three central factors that come into play comprise her advocacy of the importance of economic efficiency as representing the cornerstone upon which a modern company law regime should be constructed; her commitment to law reform as embodying the means for ensuring that the law can be shaped to meet the needs and interests of wider society; and, finally, her adherence to the importance of maintaining a principle-based yet pragmatic approach toward the judicial development of the subject so that it serves its constituencies and reflects modern commercial practices. The essay proceeds by examining Lady Arden’s contribution to the subject through a narrow lens that focuses on her twin roles as a law reformer and judge. For the former, the lead she took in the salient work undertaken by the Law Commission for England and Wales and by the Company Law Review that culminated in the Companies Act 2006 is outlined. Secondly, in her capacity as a judge, we see, through the limited cases selected, how she harnesses her core values to shape outcomes in disputes that do not shy away from challenging long-established orthodoxies.
€ (Westlaw)
John Lowry, ‘Lady Arden’s quest for rationality in modern company law’ [2026] Journal of Business Law (4) 342-355.
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