(1) This section applies where -
(a) a company has brought a claim, and
(b) the cause of action on which the claim is based could be pursued as a derivative claim under this Chapter.
(2) A member of the company may apply to the court for permission (in Northern Ireland, leave) to continue the claim as a derivative claim on the ground that -
(a) the manner in which the company commenced or continued the claim amounts to an abuse of the process of the court,
(b) the company has failed to prosecute the claim diligently, and
(c) it is appropriate for the member to continue the claim as a derivative claim.
(3) If it appears to the court that the application and the evidence filed by the applicant in support of it do not disclose a prima facie case for giving permission (or leave), the court -
(a) must dismiss the application, and
(b) may make any consequential order it considers appropriate.
(4) If the application is not dismissed under subsection (3), the court -
(a) may give directions as
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