60. Derivative claims under the Companies Regulations

(1) When the claim form for a derivative claim under Chapter 1 of Part 11 of the Companies Regulations is issued, the claimant must file an application for permission to continue the claim.
(2) The claimant must not make the company a respondent to the permission application.
(3) Subject to paragraph (5), the claimant must notify the company of the claim and the permission application by sending to the company the documents set out in the relevant practice direction as soon as reasonably practicable after the claim form is issued.
(4) The claimant may send the documents required by the relevant practice direction to the company by any method permitted by the practice direction as if the documents were being served on the company.
(5) Where notifying the company of the permission application would be likely to frustrate some part of the remedy sought, the Court may, on application by the claimant, order that the company need not be notified for such period after the issue of the claim form as the Court directs; and an application under this paragraph may be made without notice.
(6) Where the Court does not dismiss the permission application under section 283(2) of the Companies Regulations, the Court will order that the company and any other appropriate party must be made respondents to the permission application, and give directions for the service on the company and any other appropriate party of the permission application notice and the claim form.