Court of Appeal judgment on BVI directors’ duties, equitable compensation & unpaid vendors lien

April 26, 2024

The Court of Appeal has handed down judgment in Mitchell v. Al Jaber [2024] EWCA Civ 423.  The appeal arose in the context of a long-running BVI liquidation.  The judgment covers significant issues relating to the unique position of BVI directors after a winding-up has commenced, the principles upon which the court grants equitable compensation for breach of fiduciary duty, and the circumstances in which an unpaid vendor’s lien may be impliedly overridden.  Jonathan Crow CVO KC appeared for the successful appellants.

Download the judgment.