Following his judgment rejecting the claims of commercial landlords against the former Supervisors of the Regis UK Ltd CVA, Zacaroli J has confirmed in a separate judgment that whilst the landlords succeeded as against the Company in having the CVA revoked on one ground; as against the Supervisors, the landlords had failed and the former Supervisors had successfully defended the claims brought against them.  Despite the judgment dismissing the claims as against the former Supervisors, the landlords nevertheless sought costs orders in their favour against the former Supervisors in respect of the entirety of the proceedings.  The Judge, however, was clear in rejecting the landlords’ costs application that the one, limited finding against the Supervisors did not merit a costs order against them and that the landlords had failed on all but one of their criticisms of both the CVA and the Supervisors and failed to obtain the relief they sought, namely the repayment of fees.  As such, the truly successful parties were the former Supervisors who were entitled to a costs order in their favour against the landlords.  The landlords will, therefore, have to pay a substantial proportion of the former Supervisors’ costs.

Matthew Weaver represented the successful former Supervisors throughout the proceedings.

Matthew’s article on the substantive judgment in the case (Re Regis UK Limited [2021] EWHC 1294 (Ch)) can be found here.