Third Party Funded Creditor CVA Challenge

• Published date: 07 September 2021
• Subject Matter: Real Estate and Construction, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Landlord & Tenant - Leases
• Law Firm: Mills & Reeve
• Author: Tim Evans

Following creditor approval of Caffè Nero's company voluntary arrangement (CVA), a landlord creditor (LC) challenged the CVA on the basis that it was unfairly prejudicial to landlords and for material irregularity during the CVA decision procedure. The challenge was funded by a third party who intended to take over Caffè Nero. The third party paid LC '100,000 to not withdraw their challenge nor accept a settlement without the third party's consent.

Caffè Nero applied to strike out the CVA challenge and have summary judgment granted in its favour. Caffè Nero argued the challenge was an abuse of process and LC had no legitimate interest. Caffè Nero argued LC was the third party's 'puppet', bringing the challenge for the third party's collateral purpose. Caffè Nero alleged that as LC had terminated the relevant lease pursuant to the CVA terms, they no longer had a legitimate interest to challenge the CVA.

The court dismissed Caffè Nero's application. Regarding...