The WLR Daily case summaries
[2025] WLR(D) 218
King’s Bench Division
Desmarais and others v Misbourne Investment Corpn and others
[2025] EWHC 813 (Comm)
2025 March 14; April 4
Paul Stanley KC sitting as a deputy High Court judge
Company— Derivative claims— Common law claims— Second defendant demanding repayment of alleged loan from first defendant— Directors of first defendant resigning around time demand for repayment made— Applicants seeking permission to bring derivative claim on behalf of first defendant to resist demand— Applicants submitting prima facie case apparent on evidence for grant of permission— Meaning of “prima facie case”— Stage at which jurisdiction issues to be decided— Whether case falling under derivative claim exception of “wrongdoer control”— Whether derivative claim available within exception without “wrongdoer control”— If future losses to company justifying grant of permission to bring derivative claim— Whether legislation governing derivative claims procedure subject to law under which the company is incorporated—
Companies Act 2006 (c 46), s 261
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CPR, r 19.17