Landlord's challenge to Caffe Nero CVA, funded and procured by hostile takeover bidders, should not be struck out for no legitimate interest (High Court)

In Nero Holdings Limited v Young [2021] EWHC 1453 (Ch), the High Court considered whether to grant an application to strike out a challenge to the company voluntary arrangement (CVA) for a company in the Caffe Nero group. The application to strike out the challenge was brought by the CVA company on the grounds that the landlord challenging the CVA had no legitimate interest in the challenge. It was common ground that the landlord was bringing the challenge having been funded and encouraged to do so by two individuals who wished to buy the Caffe Nero group.