Double derivative claims, indemnities, and injunctions (Tonstate Group Ltd v Wojakovski)

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: The background to the case surrounds claims by Mr Wojakovski’s wife’s family, that he unlawfully extracted £14.5m from Tonstate Group Ltd (TGL), of which he was a former chief-executive. While this case does not delve into the substance of those claims to any great extent, it provides a helpful reminder of the availability of a double derivative claim at common law in contrast to a statutory derivative claim, as well as applications for indemnities in respect of the costs of such claims.