header-logo header-logo

Company—Derivative action—Permission to continue with derivative claim

08 March 2013
Issue: 7551 / Categories: Case law , Law reports , In Court
printer mail-detail

Re Fort Gilkicker Ltd; Universal Project Management Services Ltd v Fort Gilkicker Ltd and others [2013] EWHC 348 (Ch), [2013] All ER (D) 313 (Feb)

Chancery Division, Companies Court, Mr Justice Briggs, 26 February 2013

CA 2006 did not abolish the “multiple derivative action”; and a derivative action may be brought by members of an LLP on behalf of a company wholly owned by that LLP.

James Bailey (instructed by Olephant Solicitors) for UPMS. Marion Smith (instructed by DWF LLP) for P and FGPL.

Prior to the coming into force of the Companies Act 2006 (CA 2006), derivative actions, by which a member of a company was exceptionally permitted to litigate a cause of action vested in the company where the company was unable to do so, were governed by common law. The ordinary derivative action (by a member of the allegedly wronged company) was wholly replaced by the statutory derivative claim provided in CA 2006, which conferred locus standi only upon a member of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll