Rule 19.15 Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permissionF1F2F3

In this rule—

• “the Act” means the Companies Act 2006;

• “derivative claim” means a derivative claim under Chapter 1 of Part 11 of the Act;

• “permission application” means an application referred to in section F4261(1), 262(2) or 264(2) of the Act;

• “the company” means the company for the benefit of which the derivative claim is brought.

When the claim form for a derivative claim is issued, the claimant must file—

The claimant must not make the company a respondent to the permission application.

Subject to paragraph (7), the claimant must notify the company of the claim and permission application by sending to the company as soon as reasonably practicable after the claim form is issued—

The claimant may send the notice and documents required by paragraph (4) to the company by any method permitted by Part 6 as if the notice and documents were being served on the company.

The claimant must file a witness statement confirming that the claimant has notified the company in accordance with paragraph (4).

Where notifying the company of the permission application would be likely to frustrate some party of the remedy sought, the court may, on application by the claimant, order that the company need not be notified for such period after the issue of the claim form as the court directs.

An application under paragraph (7)—

Where the court dismisses the claimant’s permission application without a hearing, the court will notify the claimant and (unless the court orders otherwise) the company of that decision.

The claimant may ask for an oral hearing to reconsider the decision to dismiss the permission application, but the claimant—

Where the court dismisses the permission application at a hearing pursuant to paragraph (10), it will notify the claimant and the company of its decision.

Where the court does not dismiss the application under section 261(2) of the Act, the court will—