Has the statutory derivative claim fulfilled its objectives? The hypothetical director and CSR

This article follows on from the discussion on establishing a prima facie case and the mandatory bars in derivative claims. First, the second stage of the test will be considered, covering the standard of proof and how the court as a hypothetical director is meant to analyse board decisions: is the test objective or subjective? An analysis will follow on corporate social responsibility and its relationship to derivative claims considering issues such as finance and internal and external responsibilities.