61. Derivative claims — other bodies corporate

(1) This Rule sets out the procedure where a body corporate to which Chapter 1 of Part 11 of the Companies Regulations does not apply is alleged to be entitled to a remedy and either a claim is made by an eligible member, or an eligible member of the body corporate, seeks to take over a claim already started by the body corporate or one or more of its eligible members for it to be given that remedy.
(2) The eligible member who starts or seeks to take over the claim must apply to the Court for permission to continue the claim; and the application for permission must be made by an application notice.
(3) The procedure for applications in relation to companies under section 283, 284 or 286 (as the case requires) of the Companies Regulations applies to the permission application as if the body corporate were a company.
(4) Paragraphs (2) and (3) apply to the permission application as if the body corporate were a company.