|| All ER (D) 193 (May)
|| EWHC 2072 (Ch)
Judge Pelling sitting as a judge of the High Court (judgment delivered extempore)
||21 May 2009
Company - Member - Unfair prejudice to member's interests - First claimant president and director of first defendant alleging unfair prejudice - First claimant seeking permission to bring derivative claim - Whether first claimant should be permitted leave to bring action - ss 261, 263.
Company Member. Chancery Division: On the facts of the instant case, a hypothetical director acting reasonably in the interests of its members would not continue with its derivative claim. If the court was wrong in that regard it would, in the circumstances, refuse the claimant permission to continue his derivative action.
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