Section 264(2)

Another member of the company (“the applicant”) may apply to the court for permission (in Northern Ireland, leave) to continue the claim on the ground that— the manner in which the proceedings have been commenced or continued by the claimant amounts to an abuse of the process of the court, the claimant has failed to prosecute the claim diligently, and it is appropriate for the applicant to continue the claim as a derivative claim.

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Source: legislation.gov.uk · retrieved 2026-09-04