Derivative claims—retrospective permission and relief from sanction (Wilton UK Ltd (suing on behalf of itself as shareholder in Banks Mount Oswald Ltd, the fifth defendant) v Shuttleworth and others )

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: A claimant who had not followed the correct procedural process when commencing a derivative claim would be allowed retrospective permission to continue with the claim; thus the incorrect procedural steps that had previously been taken by the claimant would be retrospectively validated. The court resolved that in considering whether or not to grant retrospective permission to proceed it should apply the relief from sanction principles that are found in the now well known case of Denton. Written by Christopher Snell, barrister at No5 Chambers.