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Common law derivative claim—conditional permission given pending determination of rectification claim (Boston Trust Company Ltd v Szerelmey Ltd (No 2))

Published on: 01 June 2020
Published by: LexisPSL
  • Common law derivative claim—conditional permission given pending determination of rectification claim (Boston Trust Company Ltd v Szerelmey Ltd (No 2))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This decision will be of interest to practitioners since it opens the door to the granting of conditional permission to bring a common law derivative claim to claimants who lack standing provided there is a sufficiently robust and proximate prospect of the claimant acquiring standing in due course. The judge acknowledged that this issue had apparently not been addressed by any previous authority and noted that the findings, and the reasoning used to reach such determination, might benefit from appellate scrutiny. Written by Phillip Patterson, barrister, Hardwicke. or take a trial to read the full analysis.

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