Company; Customs and excise; Libel; Extradition; Broadcasting; Shipping
Company
Iesini and others v Westrip Holdings Ltd and others [2009] EWHC 2526 (Ch), [2010] All ER (D) 108 (Jul)
A derivative claim might only be brought under the Companies Act 2006 and was one in which the cause of action was vested in the company, but where the claim was brought by a member of the company. The cause of action had to arise from an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company. The Act required a two-stage procedure where a member himself had brought the proceedings. At the first stage, the applicant was required to make a prima facie case for permission to continue a derivative claim. At the second stage, something more than establishing a prima facie case was needed. The court would have to form a view on the strength of the claim in order properly to consider the requirements of ss 263(2)(a), and 263(3)(b), of the Act. Section 263(2)(a) would apply only where the court
