59. Derivative claims

(1) This Rule applies to a derivative claim, whether under Chapter 1 of Part 11 of the Companies Regulations or otherwise, but does not apply to a claim made pursuant to an order made under section 860 of those Regulations.
(2) "Derivative claim" means a claim made by an eligible member of a company or other body corporate for a remedy where the company or other body corporate is alleged to be entitled to that remedy, "eligible member" having the meaning given in section 282(3) of the Companies Regulations.
(3) A derivative claim is started by issuing a claim form, and the company or other body corporate for the benefit of which a remedy is sought must be made a defendant to the claim.