261 Application for permission to continue derivative claim
261 Application for permission to continue derivative claim
Companies Act 2006 | Legislation

(1)     A member of a company who brings a derivative claim under this Chapter must apply to the court for permission (in Northern Ireland, leave) to continue it.

(2)     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.

(3)     If the application is not dismissed under subsection (2), 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.

(4)     On hearing the application, the court may—