Has the statutory derivative claim fulfilled its objectives? A prima facie case and the mandatory bar

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Abstract

Since the introduction of the new derivative claim there have been six derivative proceedings in England. This article looks at the new two-stage derivative claim under these cases on issues relating to the assessment of s.263(3)(b) of the Companies Act 2006, whether there is a need to establish a prima facie case and issues relating to corporate social responsibility in derivative claims.
Original languageEnglish
Article number32(2)
Pages (from-to)42-46
Number of pages5
JournalThe Company Lawyer
Volume32
Issue number2
Publication statusPublished - 2011

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