C8C5C6Part 11Derivative claims and proceedings by members

Annotations:
Modifications etc. (not altering text)
C8

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C5

Pt. 11 excluded (retrospective to 30.3.2009 at 8.00 a.m.) by The Amendments to Law (Resolution of Dunfermline Building Society) Order 2009 (S.I. 2009/814), arts. 1(2), 6

Chapter 1Derivative claims in England and Wales or Northern Ireland

C4C7262C1C2C3Application for permission to continue claim as a derivative claim

1

This section applies where—

a

a company has brought a claim, and

b

the cause of action on which the claim is based could be pursued as a derivative claim under this Chapter.

2

A member of the company may apply to the court for permission (in Northern Ireland, leave) to continue the claim as a derivative claim on the ground that—

a

the manner in which the company commenced or continued the claim amounts to an abuse of the process of the court,

b

the company has failed to prosecute the claim diligently, and

c

it is appropriate for the member to continue the claim as a derivative claim.

3

If it appears to the court that the application and the evidence filed by the applicant in support of it do not disclose a prima facie case for giving permission (or leave), the court—

a

must dismiss the application, and

b

may make any consequential order it considers appropriate.

4

If the application is not dismissed under subsection (3), the court—

a

may give directions as to the evidence to be provided by the company, and

b

may adjourn the proceedings to enable the evidence to be obtained.

5

On hearing the application, the court may—

a

give permission (or leave) to continue the claim as a derivative claim on such terms as it thinks fit,

b

refuse permission (or leave) and dismiss the application, or

c

adjourn the proceedings on the application and give such directions as it thinks fit.