Monday 20 January 2020

UK: England and Wales: in reality a derivative claim?

His Honour Judge Eyre QC gave judgment last Friday in Zedra Trust Company (Jersey) Ltd v The Hut Group Ltd [2020] EWHC 5 (Ch). The decision is of interest because of the discussion it contains concerning the boundaries between the unfair prejudice remedy (Part 30 of the Companies Act 2006) and the statutory derivative claim (Part 11 of the 2006 Act). The case arose in the context of an application to strike out a petition under Part 30 as being an abuse of process on the grounds that it was, in reality, a derivative claim.

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