Rule 19.17 Derivative claims – other bodies corporate and trade unionsF1F2F3
This rule sets out the procedure where—
either—
a body corporate to which Chapter 1 of Part 11 of the Companies Act 2006 does not apply; or
a trade union,
is alleged to be entitled to a remedy; and
either—
a claim is made by a member for it to be given that remedy; or
a member of the body corporate or trade union seeks to take over a claim already started, by the body corporate or trade union or one or more of its members, for it to be given that remedy.
The member who starts, or seeks to take over, the claim must apply to the court for permission to continue the claim.
The application for permission must be made by an application notice in accordance with Part 23.
The procedure for applications in relation to companies under section 261, 262 or 264 (as the case requires) of the Companies Act 2006 applies to the permission application as if the body corporate or trade union were a company.
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 19.9C renumbered as rule 19.17 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)
- F4
Rule 19.9C(5) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(c)
- F5
Word in rule 19.17(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)(a)
- F6
Word in rule 19.17(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)(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)