Brian Burke & Ors v Peabody Construction Limited

Brian Burke & Ors v Peabody Construction Limited

No element of personal misconduct was established against the Joint Supervisors; the judge below misdirected himself by inferring litigation aggression from joint legal representation and submissions; costs order against the Joint Supervisors was not justified and must be set aside.

Parties
Appellant: Brian Burke; Appellant: Sean Bucknall; Appellant: Andrew Andronikou; Respondent: Peabody Construction Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Costs Orders, Company Voluntary Arrangements, Supervisor Liability, Misconduct, Neutrality of Insolvency Practitioners
Insolvency Civil Procedure Costs Orders Company Voluntary Arrangements Supervisor Liability Misconduct Neutrality of Insolvency Practitioners

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brian Burke

Appellant

Sean Bucknall

Appellant

Andrew Andronikou

Appellant

Peabody Construction Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether costs order can be made against CVA supervisors absent personal misconduct
  2. 2 Whether supervisors moved from neutrality to litigation aggression
  3. 3 Whether failure to attend hearing or engage in consequential matters constitutes misconduct

Ratio Decidendi

No element of personal misconduct was established against the Joint Supervisors; the judge below misdirected himself by inferring litigation aggression from joint legal representation and submissions; costs order against the Joint Supervisors was not justified and must be set aside.

Court Disposition

appeal allowed

Orders

  • Order against Joint Supervisors for costs set aside