Leave granted to a member to bring proceedings on behalf of a company in liquidation does not extend to an appeal; a fresh application for leave is required. The inherent jurisdiction to authorise a member to sue in the company's name requires satisfaction of three criteria: solid foundation with reasonable prospects of success, a supportive attitude from the liquidator, and practical considerations including adequate financial protection for the company's estate. An applicant who has failed to comply with existing costs indemnity orders and cannot offer security will not satisfy the practical considerations criterion.
The full text is available to signed-in members, including the 38 later cases that cite this judgment.
7 of the 38 citing cases carry a classified treatment. How each court treated it is available to signed-in members.