Mitchell And Another (Joint Liquidators Of MBI International & Partners Inc (In Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber; Mitchell And Another (Joint Liquidators Of MBI International & Partners Inc (In Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber (No 2) [2025] UKSC 43

• Published date: 09 December 2025
• Law Firm: Collas Crill
• Author: Justina Stewart , Rocco Cecere, Matthew Dors, Zachary Hoskin, Michael Adkins, David O'Hanlon and Lilla Zuill

Court: United Kingdom Supreme Court (on appeal from [2024] EWCA Civ 423)
Subject: Fiduciary Duties, companies in liquidation, equitable compensation
Judges: Lord Hodge, Lord Briggs, Lord Sales, Lord Stephens, Lord Richards

Summary

This decision of the UK Supreme Court on fiduciary duties and equitable compensation is of relevance across a range of common law jurisdictions.

Further details

The Sheikh was a former director of a BVI company (the Company). The Company was placed into liquidation in 2011 upon which, by operation of the BVI Insolvency Act 2003, the Sheikh's powers as director ceased. At the time the Company was wound up, the Company was still the registered owner of shares in JJW Inc (a company associated with the Sheikh) (the Shares). Although the Sheikh's powers as a director of the Company had ceased, in 2016 the Sheikh (purportedly in his capacity as a director of the Company) caused the Company to transfer the Shares to another associated entity known as JJW Guernsey. The Stock Transfer Form through which the...