This Practice Note considers the key procedural aspects of pursuing a derivative claim, including pre-action funding and limitation issues, as well as the permission application required before a derivative claim can continue and what factors the court will consider in the permission application.
This Practice Note considers what a derivative claim is and when it should be used to protect a minority shareholder’s rights. It also looks at who has standing to bring a derivative claim, which companies against whom a derivative claim can be brought, the grounds for bringing a derivative claim, the remedies available and the applicable costs.
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