In Brief
- The Supreme Court’s decision in Mitchell v Al Jaber provides important clarification on when former directors can still owe fiduciary duties to a company. The answer has significant implications for liquidators pursuing claims against former directors, and for individuals who continue to act on behalf of companies without formal authority.
- The Supreme Court considered claims by a company against a former director for alleged breaches of their directors’ duties.
- The key issue was whether the former director owed the usual fiduciary duties to the company at a time when he was no longer actually a director.
- The Supreme Court held that a former director could still owe director’s duties to the company if, and to the…