Popely and another v Popely and others

Derivative action – Jurisdiction. The Chancery Division dismissed the first defendant's appeal against a deputy master's decision granting the claimants permission to continue a claim against their brother as a derivative action, for the benefit of the third defendant company. The original claim alleged a breach of contract concerning, among other things, time share properties in Northern Cyprus. The court held that, applying settled law to the facts, the deputy master had had jurisdiction to continue the claim as a derivative action and that he had not erred in concluding that were sufficient grounds to justify the derivative action.

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