If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary
factors set out in s 263 (3) which states: «(3) In considering whether
to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking
to continue the
claim; (b) the importance that a person acting in accordance with section 172 (duty
to promote the success of the company) would attach
to continuing it; (c) where the cause of action results from an act or omission that is yet
to occur, whether the act or omission could be, and in the circumstances would be likely
to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely
to be, ratified by the company; (e) whether the company has decided not
to pursue the
claim; (f) whether the act or omission in respect of which the
claim is brought
gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»