The Civil Procedure Rules 1998

[F1 [F2 Derivative claims– how started E+W

19.9— (1) This rule—

(a) applies to a derivative claim (where a company, other body corporate or trade union is alleged to be entitled to claim a remedy, and a claim is made by a member of it for it to be given that remedy), whether under Chapter 1 of Part 11 of the Companies Act 2006 or otherwise; but

(b) does not apply to a claim made pursuant to an order under section [F3 996] of that Act.

(2) A derivative claim must be started by a claim form.

(3) The company, body corporate or trade union for the benefit of which a remedy is sought must be made a defendant to the claim.

(4) After the issue of the claim form, the claimant must not take any further step in the proceedings without the permission of the court, other than—

(a) a step permitted or required by rule 19.9A or 19.9C; or

(b) making an urgent application for interim relief.]]

Textual Amendments

F1 Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2

F2 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F3 Word in rule 19.9(1)(b) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(a)