Alec McCluskey appeared on behalf of one of the defendants who successfully resisted an application by claimants on a double derivative claim seeking a Wallersteiner v Moir order requiring the company on whose behalf the claim is being brought to indemnify the claimants in respect of the costs of the litigation.

The judgment is notable for its wide-ranging review of the authorities on Wallersteiner v Moir orders, with particular consideration of whether or not it would be appropriate to grant the claimants a costs indemnity in circumstances where the derivative claim is brought in parallel with an unfair prejudice petition under s.994 of the Companies Act 2006.

The judgment is here.