Legal updates: April 2023

In this month’s legal updates, Sophie Brookes and Debbie Shaw, Gateley, explain directors’ duties post liquidation in Mitchell, execution of deeds in Euro Securities and unfairly prejudicial conduct in Durose

Directors' duties post-liquidation

It is well understood that directors owe fiduciary duties to the companies to which they are appointed. But to what extent do those duties continue after the company has entered liquidation?

This was the question which the High Court had to consider in Mitchell v Al Jaber [2023] EWHC 364 (Ch)which arose out of an application by the liquidators of a company incorporated in the British Virgin Islands (BVI).

The facts

Sheikh Mohamed Bin Issa Al Jaber and his daughter were the only directors of the BVI company which operated in the commercial property, finance, hospitality and food industries.

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