Skip to content
Latest‘Cost of business crisis’ as government drives up overheads by 70 per cent in a decade
CityAM Canada

Canadian business, markets & economy · Tuesday, 11 August 2026

  • Business
  • Markets
  • Economy
  • Technology
  • Politics
  • Energy
  • Property
  • Opinion
Friday 19 February 2016 9:04 am

In defence of CVAs and pre-packs: The UK’s insolvency regime might not be perfect, but it does minimise creditors’ losses and protects staff more than alternatives

By: Catherine Neilan

Add as a preferred source on Google

When a company enters an insolvency procedure, it does so because its debts are unpayable or unsustainable. In all likelihood, creditors face losing money. There just isn’t enough to go around.

And, without intervention, the impact of the company’s insolvency extends far beyond just the creditors’ loss: jobs could go and suppliers might be losing a key customer, putting their own solvency – and more jobs – at risk.

The insolvency regime is there to ensure creditors’ losses and the knock-on effects of insolvency are minimised.

Since the 2002 Enterprise Act, the UK has sought to do this by emphasising business rescue. If a business can survive insolvency, it can continue to contribute to the economy, continue to create jobs, and repay debts it owes.

It’s an effective regime. In 2013-14, two-in-five of the businesses the insolvency profession worked with were rescued. That’s 230,000 jobs saved.

The insolvency profession completely understands the frustration of creditors, like landlords, suppliers, or employees, who do lose money or are made redundant.

But creditors should remember two things. Firstly, the insolvency practitioner, a highly regulated and qualified individual, acts as the creditors’ representative, not the insolvent company’s. 

The more creditors engage with the insolvency practitioner, the more chance they have of seeing more of their money back.

There are numerous examples of CVAs where creditors are happy, including complex retail insolvencies. A CVA must be agreed by at least 75 per cent of creditors of the company.

It’s also important to remember the insolvency practitioner is still working for creditors in situations where insolvent businesses are sold to their original owners. Any sale has to be the best deal available and ignoring an original owners’ offer could mean less back for creditors.

Secondly, creditors take a risk when they trade or rent out property. Some trading is riskier than others: the bricks and mortar retail sector, for example, is still struggling to cope with the rise of online competitors. Regardless of how the insolvency regime works, commercial risk will remain.

Reforms to the insolvency regime are already under way. Since November 2015, to improve trust and transparency, a pool of independent business experts has been offering opinions on proposed ‘pre-pack’ sales to connected parties, such as original owners, on behalf of creditors. Reforms like this should be given a chance to bed in.

Further reforms can be made to improve the position of unsecured creditors in insolvencies. An example of this is the conflict between insolvency and employment law which causes problems with the way redundancy consultations are carried out. Urgent action is needed from government on this point.

Insolvencies are not perfect situations and some creditors are always likely to lose out.

But our insolvency regime, highly rated by the World Bank, is effective at rescuing businesses, rescuing jobs, and minimising the impact that failed businesses could otherwise have.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business

Trending Articles

  • Nottingham Forest owner Marinakis sues Crystal Palace for defamation

  • Five-star Mayfair hotel hit with HMRC winding-up petition

  • Back to basics: Sainsbury’s gradual retreat from the British high street

  • Hargreaves Lansdown orders staff back to office

  • As it happened: Intel, Arm shares slide; Oil climbs higher

More from CityAM

  • Mark Kleinman: Well runs dry for Thames Water creditors

    Business
    Mark Kleinman is Sky News' City Editor and writes a column for CityAM
  • Thames Water creditors offer government ‘golden share’ to fend off nationalisation

    Water
    Thames Water infrastructure with pipes and maintenance workers, highlighting water management efforts in London
  • Thames Water creditors open door to public control under Burnham

    Politics
    Thames Water infrastructure with pipes and valves, highlighting water management in urban areas amidst ongoing utility dis...
  • Exclusive: Top FTSE executive recruiter goes bust after AI platform launch

    Business
    Consultancy sector and AI
  • Thames Water in the dark as Burnham mulls embattled utility’s future

    Politics
    Thames Water creditors have made a last-ditch offer for a rescue deal.
  • Thames Water creditors expect Burnham talks despite legal contigency plans

    Politics
    Burnham cityscape at sunset with historic buildings and bustling streets, highlighting the vibrant urban landscape
  • Burnham risks £4bn bill in Thames Water special administration

    Politics
    Thames Water infrastructure with pipes and maintenance workers, highlighting water management efforts in London
  • Financial services bankruptcies rise as MFS collapse ripples through sector

    Advisory
    Breaking news banner with bold headline and abstract background for a general news article on a business website.
CityAM Canada

Independent Canadian business, markets and economic journalism, published by CityAM Publishing in Toronto. Read our editorial standards and corrections policy.

CityAM Publishing, 3 Borden Street #301, Toronto, Ontario M5S 2M8, Canada.
Newsroom enquiries: contact the editorial desk.

Follow

LinkedInXRSSApple News

Sections

BusinessMarketsEconomyTechnologyPoliticsEnergyPropertyOpinion

Newsroom

About usEditorial standardsCorrectionsOur journalistsContact

Company

AdvertisePrivacy noticeTerms of useCookie preferences

© 2026 CityAM Publishing. All rights reserved.

PrivacyTermsCookiesContact

Nothing published on CityAM Canada constitutes investment advice or a recommendation to buy or sell any security. CityAM Canada is an independent Canadian edition and is not affiliated with any UK publication.