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 relevant company. The proceedings concerned an application by a company
