Witter v QHSE Solutions Ltd

Companies – Derivative proceedings – Application for leave to raise proceedings. Sheriff Appeal Court: Refusing an appeal against a sheriff's decision to refuse a director and shareholder's application for leave to raise derivative proceedings on behalf of a company on the basis that a director acting in accordance with the duty to promote the success of the company would not seek to raise the proceedings and that the applicant had an alternative remedy, the court concluded that the sheriff had not erred in his approach to refusing to grant leave and that it should not interfere with his assessment of the material facts or his interpretation of the law.

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