Rule 19.14 Derivative claims– how startedF1F2F3
This rule—
applies to a derivative claim (where a company, other body corporate or trade union is alleged to be entitled to claim a remedy, and a claim is made by a member of it for it to be given that remedy), whether under Chapter 1 of Part 11 of the Companies Act 2006 or otherwise; but
does not apply to a claim made pursuant to an order under section F4996 of that Act.
A derivative claim must be started by a claim form F5headed “Derivative Claim”.
The company, body corporate or trade union for the benefit of which a remedy is sought must be made a defendant to the claim.
After the issue of the claim form, the claimant must not take any further step in the proceedings without the permission of the court, other than—
a step permitted or required by rule F619.15 or 19.17; or
making an urgent application for interim relief.
Annotations
Textual amendments
- F1
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2
- F2
Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)
- F3
Rule 19.9 renumbered as rule 19.14 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)
- F4
Word in rule 19.9(1)(b) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(a)
- F5
Words in rule 19.14(2) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)(a)
- F6
Words in rule 19.14(4)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)(b)
Notes on Part 19
Textual amendments
- F2
Pt. 19 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(1)