Derivative claims

by Practical Law Corporate (based on material originally contributed by Matthew Morrison KC, Serle Court)

Maintained | England, Wales

This note explains statutory and common law derivative claims. These are claims "derived from" a company: brought by relevant others in its name and on its behalf. Claims brought by members of a company formed and registered under the Companies Act 2006 are governed by Part 11 of that Act. A parallel procedure applies at common law to claims brought by non-members, including members of a parent company (so-called double derivative claims), or in respect of other entities (such as overseas companies and LLPs).

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