Judgment was given yesterday by Mr Justice Morgan in Bhullar v Bhullar [2015] EWHC 1943 (Ch). The case concerned an application for permission to continue a derivative claim, under Part 11 of the Companies Act 2006, involving a family that is already well known to company lawyers (see [2003] EWCA Civ 424). Permission to continue was granted in respect of certain payments made to another company but the judge concluded that it was not appropriate to grant a pre-emptive indemnity as to costs out of company assets. The judgment contains some brief discussion of double (or multiple) derivative claims (the trial judge proceeded on the basis that the court had the jurisdiction to permit such claims).
Wednesday, 8 July 2015
UK: England and Wales: permission granted to continue a derivative claim
Judgment was given yesterday by Mr Justice Morgan in Bhullar v Bhullar [2015] EWHC 1943 (Ch). The case concerned an application for permission to continue a derivative claim, under Part 11 of the Companies Act 2006, involving a family that is already well known to company lawyers (see [2003] EWCA Civ 424). Permission to continue was granted in respect of certain payments made to another company but the judge concluded that it was not appropriate to grant a pre-emptive indemnity as to costs out of company assets. The judgment contains some brief discussion of double (or multiple) derivative claims (the trial judge proceeded on the basis that the court had the jurisdiction to permit such claims).
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