Publisher Citation: [2009] All ER (D) 193 (May)
Neutral Citation: [2009] EWHC 2072 (Ch)
Court: Chancery Division

Judge Pelling sitting as a judge of the High Court (judgment delivered extempore)

Judgment Dates: 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.

The Case

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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