(1) This section applies where a member of a company ("the claimant") -
(a) has raised derivative proceedings,
(b) has continued as derivative proceedings raised by the company, or
(c) has continued derivative proceedings under this section.
(2) Another member of the company ("the applicant") may apply to the court to be substituted for the claimant in the action on the ground that -
(a) the manner in which the proceedings have been commenced or continued by the claimant amounts to an abuse of the process of the court,
(b) the claimant has failed to prosecute the proceedings diligently, and
(c) it is appropriate for the applicant to be substituted for the claimant in the proceedings.
(3) If it appears to the court that the application and the evidence produced by the applicant in support of it do not disclose a prima facie case for granting it, the court -
(a) must refuse the application, and
(b) may make any consequential order it considers appropriate.
(4) If the application is not r
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