In this week's issue of PrintWeek Carl Jackson, national head of insolvency firm Tenon Recovery, mounted a defence of pre-pack administration deals.
While it’s easy to damn pre-packs out of hand, as many of you reading this probably do, I’m sure there are a handful of cases where they do offer the best solution for all concerned.
However, I don’t agree with many of the points that Jackson makes and I believe that, in the current climate, the negatives of pre-packs far outweigh the positives.
The argument that they can be good for workers, who will benefit from continued employment, seems flawed to me – certainly based on anecdotal evidence in our industry at least. The number of pre-packs that subsequently fail again, HS Printers, Buckleys, and Scorpio to name just three high-profile cases, clearly illustrate the point.
Equally, the justification that pre-pack administrations can stall the ‘domino effect’ of a company failing doesn’t really ring true either. While the demise of small trade printers and finishers as a direct result of a larger company pre-packing often goes unnoticed, we know it happens and I doubt there’s a UK printer that couldn’t cite an example.
Jackson also mentions that it’s the duty of an insolvency practitioner (IP) to assess whether a turnaround is possible for the afflicted firm before a pre-pack is signed off.
I wholeheartedly agree with that point, but the sad truth is that in many cases I’m sure it would be possible, purely because the company has conveniently jettisoned its debt and in a (unfortunately) largely commodity-driven market the subsequent pricing advantage will no doubt help secure its future, at least in the short term.
More importantly, I think the IP should look at the market that the afflicted firm works in. And if, as is so often the case, the resurrection of the failed company will only secure its jobs and a nominal payout to its creditors, at the risk of other companies going under and potentially even more staff and creditors losing out, then there’s a strong argument that they should just let it die.
In the current climate, it’s in the interests of the industry for the vast majority of failed businesses to stay dead and give those left a fighting chance of survival.