Vol 19 (2022) - Issue 1

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Al Jaber & Ors v Mitchell & Ors [2021] EWCA Civ 1190

Synopsis
The English Court of Appeal has held that an examination conducted pursuant to section 236 of the Insolvency Act 1986 ('IA 1986') is protected by immunity from suit on the basis that such an examination forms part of winding up proceedings commenced and supervised by the court; a section 236 examination is therefore clearly part of wider 'judicial proceedings', in which all participants (including examinees) are entitled to immunity from suit.
The Court of Appeal’s judgment overturns a detailed and well-reasoned first instance judgment from Joanna Smith J in the High Court (Mitchell & Anor v Al Jaber & Ors [2021] EWHC 912 (Ch)).