Jonathan Robert Lloyd Parkins v Timothy Francis Lage Hayes & Anor (Costs)

Jonathan Robert Lloyd Parkins v Timothy Francis Lage Hayes & Anor (Costs)

Hayes is liable for all of Parkins' costs due to his active opposition and reliance on disputed evidence; Duffy is not liable for Parkins' costs as his conduct did not amount to misconduct, nor is Parkins liable for Duffy's costs; Hayes is liable for 50% of Duffy's costs due to his conduct increasing costs; Duffy cannot recover costs from the Fund as the trust ceases upon revocation of the arrangement.

Parties
Applicant: Jonathan Robert Lloyd Parkins; First Respondent: Timothy Francis Lage Hayes; Second Respondent: Daragh Duffy
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Application Under S.262 Insolvency Act 1986 and Rule 15.35 Insolvency Rules 2016 / Judgment on Costs and Consequential Matters
Outcome
Costs orders made: Hayes to pay Parkins' costs and 50% of Duffy's costs; no order between Parkins and Duffy; Duffy not entitled to recover costs from Fund.
Legal Topics
Individual Voluntary Arrangement (iva), Costs, Supervisor's Duties, Revocation of Arrangement, Trusts of Arrangement Assets
Insolvency Civil Procedure Individual Voluntary Arrangement (iva) Costs Supervisor's Duties Revocation of Arrangement Trusts of Arrangement Assets

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Parties

Jonathan Robert Lloyd Parkins

Applicant

Timothy Francis Lage Hayes

First Respondent

Daragh Duffy

Second Respondent

Procedural Posture

Application Under S.262 Insolvency Act 1986 and Rule 15.35 Insolvency Rules 2016 / Judgment on Costs and Consequential Matters

Legal Issues

  1. 1 Who should bear the costs of the application challenging the IVA approval
  2. 2 Whether the supervisor's costs and expenses are recoverable from funds held after revocation
  3. 3 Appropriate orders for costs between applicant, debtor, and supervisor

Ratio Decidendi

Hayes is liable for all of Parkins' costs due to his active opposition and reliance on disputed evidence; Duffy is not liable for Parkins' costs as his conduct did not amount to misconduct, nor is Parkins liable for Duffy's costs; Hayes is liable for 50% of Duffy's costs due to his conduct increasing costs; Duffy cannot recover costs from the Fund as the trust ceases upon revocation of the arrangement.

Court Disposition

Costs orders made: Hayes to pay Parkins' costs and 50% of Duffy's costs; no order between Parkins and Duffy; Duffy not entitled to recover costs from Fund.

Orders

  • Hayes to pay Parkins' entire costs of the Application.
  • Hayes to pay Duffy 50% of his costs of the Application.