Minority shareholders face particular difficulties where they seek redress against wrongdoing directors. This state of affairs seems to reflect an implicit acceptance both by the judiciary and the English Law Commission that is somehow undesirable that companies should be exposed to civil...

Under Civil Procedure Rules, Rule 19.9(3) a claimant must apply to the court for permission to continue a derivative action and may not take any other step in the proceedings except where the court gives permission. However, as Henderson QC, sitting as a deputy judge of the High Court, stated in...

The purpose of this article is primarily to look into the early demonstration of the new statutory procedure relating to derivative claims under Part 11 of the Companies Act 2006 in two recent cases, and subsequently to assess the likely impact of these cases on the future development of the...