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

    News

    Court of Appeal judgment on damages law handed down in Barrowfen Properties Limited v Patel

    On 23 January 2025, judgment was handed down by the Court of Appeal on issues of damages law in Barrowfen Properties Limited v Patel and others [2025] EWCA Civ 39. At trial, the Court made various findings of dishonest breaches... Read more

    Friday 31 January 2025

    View more
  2. Placeholder

    Recent Cases

    High Court hands down judgment in dispute concerning contractual rights to intellectual property

    Commercial disputes

    Emily McKechnie
    Thursday 30 January 2025

    View more
  3. Placeholder

    News

    Thomas Robinson to be appointed King’s Counsel

    Wilberforce Chambers is delighted to announce that Thomas Robinson is to be appointed King’s Counsel. Tom, called to the bar in 2003, has a stellar commercial chancery practice with particular emphasis on pensions, insolvency and corporate matters including directors’ duties... Read more

    Friday 24 January 2025

    View more
  4. Placeholder

    News

    Citywealth Magic Circle Awards 2025: Wilberforce Shortlisted

    Citywealth Magic Circle Awards have revealed their 2025 shortlist and we are delighted to announce that Wilberforce has been shortlisted for Chambers of the Year and Jonathan Davey KC shortlisted as Barrister of the Year. In order to vote and/or... Read more

    Friday 17 January 2025

    View more

View all thought leadership