| Commentary

116 Grounds for a derivative claim

| Commentary

116 Grounds for a derivative claim

A ‘derivative claim’ is defined as any proceedings in England and Wales by a member of a company seeking relief on behalf of the company in respect of a cause of action which is vested in that company1. A shareholder can only bring a derivative claim under these provisions in respect of a cause of action arising from an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company2. The cause of action may be against the director

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