Graham Pre-pack Review

Graham Review into Pre-pack Administration
Completed
Teresa Graham CBE · Published 1 June 2014 · Commissioned by BEIS

Independent review of pre-pack administration in insolvency proceedings, examining transparency and accountability concerns among unsecured creditors and connected party purchasers, making six recommendations for voluntary industry reform.

6recommendations 6Not Yet Responded

Government Response

Government supported voluntary approach; all six recommendations implemented. Pre-pack Pool introduced November 2015. Pre-Pack Administration (Amendment) Regulations 2021 introduced mandatory safeguards.

1 June 2014

Recommendations

Recommendation 1
Insolvency profession/Joint Insolvency Committee
On a voluntary basis, connected parties approach a 'pre-pack pool' before the sale and disclose details of the deal, for the pool member to opine on.
Recommendation 2
Insolvency profession/Joint Insolvency Committee
On a voluntary basis, the connected party complete a 'viability review' on the new company.
Recommendation 3
Joint Insolvency Committee
The Joint Insolvency Committee considers, at the earliest opportunity, the redrafted SIP16 in Annex A.
Recommendation 4
Insolvency profession
All marketing of businesses that pre-pack comply with six principles of good marketing and that any deviation from these principles be brought to creditors' attention.
Recommendation 5
Joint Insolvency Committee
SIP16 be amended to the effect that valuations must be carried out by a valuer who holds professional indemnity insurance.
Recommendation 6
Insolvency Service/Recognised Professional Bodies
The Insolvency Service withdraws from monitoring SIP16 statements and that monitoring be picked up by the Recognised Professional Bodies.