Having drawn out most of the raw data for the variables I have identified on derivative claims I thought I would publish a few frequency tables from them.
Table A shows claims dismissed for a mandatory bar
Table B shows claims permitted and refused
Table D shows frequencies for the strength of those cases
Table E shows 4 separate categories of the court's deliberation on granting or denying permission. The table represents cases where the case was either: 1) Permission granted with no reasons to dismiss; 2) Permission refused with reasons for permission; 3) Permission granted with reasons to dismiss; 4) Permission refused with no reason for permission. This is determined by whether the court felt a particular consideration under the Companies Act 2006 section 263(3) or other factor was in favour or against the claimant.
Table A shows claims dismissed for a mandatory bar
Mandatory Bar
|
|||||
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
||
Valid
|
No
|
11
|
73.3
|
73.3
|
73.3
|
Yes
|
4
|
26.7
|
26.7
|
100.0
|
|
Total
|
15
|
100.0
|
100.0
|
Table B shows claims permitted and refused
Permission
|
|||||
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
||
Valid
|
No
|
9
|
60.0
|
60.0
|
60.0
|
Yes
|
6
|
40.0
|
40.0
|
100.0
|
|
Total
|
15
|
100.0
|
100.0
|
Strength of case
|
|||||
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
||
Valid
|
No reasons for
|
6
|
40.0
|
40.0
|
40.0
|
More reasons against than for
|
2
|
13.3
|
13.3
|
53.3
|
|
Equal reasons for and against
|
1
|
6.7
|
6.7
|
60.0
|
|
More reasons for than against
|
1
|
6.7
|
6.7
|
66.7
|
|
No reasons against
|
5
|
33.3
|
33.3
|
100.0
|
|
Total
|
15
|
100.0
|
100.0
|
Permission Reason Values
|
|||||
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
||
Valid
|
Granted No Against
|
5
|
33.3
|
33.3
|
33.3
|
Refused Against
|
3
|
20.0
|
20.0
|
53.3
|
|
Granted Against
|
1
|
6.7
|
6.7
|
60.0
|
|
Refused No Against
|
6
|
40.0
|
40.0
|
100.0
|
|
Total
|
15
|
100.0
|
100.0
|