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High Court can grant retrospective permission to continue a derivative claim

Overview

The High Court has held that it has the power retrospectively to validate service of a claim form and particulars of claim in proceedings brought as a derivative claim under the Companies Act 2006, where the claimant was in breach of the statutory requirement to obtain the court's permission to continue the claim and where a new claim would have been time-barred.


Andrew Cooke, a senior associate, and James Leadill, an associate, in HSF's disputes division consider the decision in Wilton UK Limited v John Shuttleworth and others [2017] EWHC 2195 (Ch).