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Commentary

117 Application for permission to continue a derivative claim

COMPANIES vol 10(1) Directors and Other Officers, Shareholders, Shares and Share Capital
| Commentary

117 Application for permission to continue a derivative claim

| Commentary

117 Application for permission to continue a derivative claim

A shareholder who brings a derivative claim must apply to the court for permission to continue it1. If it appears to the court that the application (together with the evidence which the applicant files in support of it) does not disclose a prima facie case for giving permission, it must dismiss the application, and may make any consequential order it considers appropriate2. If the court does not dismiss the application, it may give directions as to the evidence to be provided by the company, and may adjourn

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