Rule 19.16 Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other membersF1F2F3
This rule applies to proceedings under section 262(1) or 264(1) of the Companies Act 2006.
The application for permission must be made by an application notice in accordance with Part 23.
Rule F419.15 (except for paragraphs (1), (2) and (4)(b) of that rule, and paragraph (12)(b) so far as it applies to the claim form) applies to an application under this rule and references to the claimant in rule 19.15 are to be read as references to the person who seeks to take over the claim.
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 19.9B renumbered as rule 19.16 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(17)
- F4
Word in rule 19.16(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(17)
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)