Wilton UK Ltd (suing on behalf of itself as shareholder in Banks Mount Oswald Ltd) v Shuttleworth and others

Practice – Derivative claim. The relief from sanctions principles in Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies[2015] 1 All ER 880 applied to applications for retrospective permission to continue a derivative claim. Applying those principles, the Chancery Division granted the claimant company retrospective permission to continue a derivative claim in circumstances where the court's permission to continue the claim had not first been obtained, as required by s 261 of the Companies Act 2006 and CPR 19.9A.

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