262 Application for permission to continue claim as a derivative claim
262 Application for permission to continue claim as a derivative claim
Companies Act 2006 | Legislation

(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

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