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Changes over time for: Section 261


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 31/12/2020.
Changes to legislation:
Companies Act 2006, Section 261 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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261Application for permission to continue derivative claimU.K.
This
adran has no associated
Nodiadau Esboniadol
(1)A member of a company who brings a derivative claim under this Chapter must apply to the court for permission (in Northern Ireland, leave) to continue it.
(2)If it appears to the court that the application and the evidence filed by the applicant in support of it do not disclose a prima facie case for giving permission (or leave), the court—
(a)must dismiss the application, and
(b)may make any consequential order it considers appropriate.
(3)If the application is not dismissed under subsection (2), the court—
(a)may give directions as to the evidence to be provided by the company, and
(b)may adjourn the proceedings to enable the evidence to be obtained.
(4)On hearing the application, the court may—
(a)give permission (or leave) to continue the claim on such terms as it thinks fit,
(b)refuse permission (or leave) and dismiss the claim, or
(c)adjourn the proceedings on the application and give such directions as it thinks fit.
Modifications etc. (not altering text)
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