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Derivative Claims

A derivative claim is brought by a shareholder of a company against a director when there appears to be evidence they have breached their duties under the Companies Act 2006.

If you are a minority shareholder and want to know more about your legal rights, contact Clough & Willis today on 0800 083 0815, or fill out an online enquiry form.

In most cases, it is up to company directors to decide whether such claims can be taken out in the company name. A minority shareholder can only bring a derivative claim under exceptional circumstances, due to restrictions on what they can do. 

The two most common cases where a minority shareholder can bring a derivative claim are: 

  • When the majority shareholders are unable to justify what has been done
  • In cases where it would prove unfair not to allow the claim to be made - for example, where there have been allegations of fraud

Contact Us

If you are a minority shareholder and want to find out more information about making a derivative claim, contact Clough & Willis today. Our experienced solicitors will be with you every step of the way. Either call our office on 0800 083 0815, or fill out an online enquiry form.


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