Back to Insights listing

Company law, Commercial disputes, International / offshoreWednesday 5 April 2023

Permission to appeal in Mitchell v Al Jaber [2023] EWHC 364 (Ch)

Clare Stanley KC, Jia Wei Lee and Lemuel Lucan-Wilson have secured permission to appeal from the decision of Mrs Justice Joanna Smith DBE in Mitchell v Al Jaber [2023] EWHC 364 (Ch).

The case raises three important issues which the Court of Appeal will have to grapple with in due course:

  • Whether, as a matter of BVI law (and English law, to the extent they overlap), a director owes fiduciary duties in respect of company’s assets post-liquidation, and if so, what the scope of these duties is;
  • Whether there is a material distinction in English law between “substitutive” and “reparative” orders for equitable compensation, and if there is, how that distinction affects the approach taken to assessing awards of compensation;
  • When, and in what circumstances, an unpaid vendor’s lien is excluded.

The first two issues in particular present foundational questions about the nature of equitable duties which have troubled judges and academic lawyers for many decades. This appeal presents yet further opportunity for the Court of Appeal to provide guidance and clarity in a challenging but essential area of law.

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder


    Four wins for Wilberforce at Chambers UK Bar Awards 2023

    We are absolutely delighted to have picked up four awards at last night’s Chambers UK Bar Awards! We are proud to announce that Wilberforce Chambers won the highly coveted ‘Set of the Year‘ award, as well as ‘Chancery Set of... Read more

    Friday 1 December 2023

    View more
  2. Placeholder

    External Conferences

    CIArb EAB Evening Talk: “What No Longer Matters In Light of the ‘FamilyMart / Mozambique’ Cases”

    Thursday 30th November 2023 | 7pm
    Hong Kong International Arbitration Centre (HKAC), 38/F Two Exchange Square, 8 Connaught Place, Central, Hong Kong.

    Free (CIArb Members), HKD 200 (Non-CIArb Members)

    Thomas Lowe KC

    View more
  3. Placeholder

    Recent Cases

    DIFC Court rejects $18.5 million damages claim in Kirtanlal International DMCC v State Bank Of India (DIFC Branch)

    Banking and financial services, Commercial disputes, International / offshore

    Bobby Friedman
    Tuesday 17 October 2023

    View more
  4. Placeholder

    External Conferences

    TL4 Disputes ESG Litigation 2nd Annual Summit 2024

    Tuesday 12th March 2024
    Central London

    £499 +VAT (Members) / £599 + VAT (Non-Members)

    Jessica Brooke

    View more

View all thought leadership