Where a company is a joint-venture vehicle and one venturer alleges the other has acted unlawfully causing the company loss, it will usually be appropriate to grant leave under s 237 to the complaining venturer to bring proceedings in the company's name. Concerns about double recovery between personal and derivative claims should ordinarily be addressed at the final hearing rather than at the leave stage. Claims asserted by an individual on behalf of a company under s 237 remain the claims of a corporation for security for costs purposes, and the court may extend existing security orders to derivative claims as a condition of leave. The court has power under s 242 to authorise a litigation funding agreement on behalf of the company.
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