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The new statutory derivative claim in the Companies Act 2006 ("CA 2006") was meant to herald a more modem, flexible and accessible criteria for determining whether a shareholder could pursue an action. It was aimed at tackling the problematic rules which emerged from Foss v Harbottle (1843). This paper examines the twostage procedure in the CA 2006 Part 11 by focusing on specific elements within it, i.e., prima facie case, ratification etc. The complexities of pursuing a statutory derivativedoi:10.14324/111.2052-1871.050 fatcat:sbytm43tcvgblldk6wkzsqulxu