Licensed Insolvency Practitioners With National Coverage

Talk to us today in confidence:

Retail

Wine Rack and Bargain Booze Looking At A CVA

Bargain Booze and Wine Rack off-licences are looking to use a CVA to exit vacant shops according to Sky News ReportsThe shops are owned by Bestway Group, one of Britain's largest privately owned enterprises.  After Conviviality collapsed in 2018, it bought the estate for £7m.One real estate insider said landlords' refusal to compromise prevented the company from exiting the leases.The sources said PricewaterhouseCoopers will lead the CVA before Christmas.Bestway's 200 locations are mostly Bargain Booze and Wine Rack.The threat of a CVA may well put pressure on the landlords to reduce the rent. This is a well known tactic of retailers who need to exit loss making sites. For more information on Retailer CVAs see this page.Bestway operates food wholesale, Well pharmacies, cement, real estate, and United Bank, Pakistan's largest lender.

Read
Wine Rack and Bargain Booze Looking At A CVA
TGI Logo

TGI Fridays Secures A Rescue Deal Resulting In 35 Immediate Site Closures

Update 07th OctoberBreal Capital and Calveton UK have secured a rescue deal for TGI Fridays, meaning the chain will continue to exist on UK high streets.However, the deal includes just 51 of its 86 sites, forcing 35 to shut with immediate effect.1,012 redundancies have been made - please refer to our guide here on your rights in redundancy.The new private equity owners, Breal and Calveton, jointly own the upmarket restaurant chain D&D London. Between them they have also had investments in Byron Burger and wine bar chain Vinoteca - so they are no stranger to the restaurant world! A full list of the TGI Friday sites closingBarnsley Birmingham Bracknell Brighton Marina Bristol Cabot Circus Cardiff Newport Road Chelmsford Cheltenham Croydon Derby Dundee Durham Edinburgh Fort Kinnaird Enfield Gateshead Gloucester Quays Halifax Jersey Leeds Leeds Trinity Leicester Lincoln Manchester Royal Exchange Newcastle Eldon Square Newport Northampton Prestwich Romford Sale Solihull Southampton West Quay South Speke Sutton Coldfield Swansea Watford NorthUpdate 19th SeptemberHostmore, the owners of TGI Fridays has gone into administration and the 86 sites are now officially up for sale."The sale process remains ongoing, with no decisions having been made to close any existing stores, and TGI Fridays continues to operate normally across the country," a Hostmore spokesperson told the BBC.According to reports in the Telegraph administrators at Teneo, the restructuring firm, are on standby if TGI Fridays cannot sell its restaurants.  The firm ran into trouble following its attempted foray into the US.  The chain has 86 restaurants and employs 3000 people.The owners of the chain, Hostmore, has £35m of debts.The business was spun out of private equity trust Electra in November 2021 in a move that Hostmore chief executive Robert Cook hailed as a “significant milestone”.Its shares started trading at 147p but by March of last year it had lost 90% of its value.  By Monday 16th September 2024 the whole company has been valued at £1m. Could it be that TGIs could go into a CVA? The CVA would only really work if the main problem was high rents or just certain outlets needed to be closed down.  The money that it owes its lender is no doubt secured so they have the power to call in administrators at any time.Without knowing more about its exact financial position it is hard to say.If the company does go into administration it is likely that a number of the restaurants, which are making money, will be snapped up by other restaurant groups and may continue to trade under the TGI brand.  If not then the owners will take advantage of their prime locations.

Read
TGI Fridays Secures A Rescue Deal Resulting In 35 Immediate Site Closures

Dobbies Looking To Close Stores In A Restructuring

in Retail

Dobbies, the garden centre group, is looking to close 17 of its 77 stores before the end of the year, in order to address “historically uneconomical rent costs”.The garden centre group is embarking on a restructuring plan expected to return Dobbies to “sustainable profitability” that impacts 465 staff (of which 82 work full-time).11 unprofitable garden centres and all six of its ‘little Dobbies’ high street sites will shut, whilst the group looks to secure rent reductions at another nine sites.Reports back in August indicated that FTI Consulting were advising them on a possible CVAThis would enable them to put pressure on landlords to reduce rents as a CVA can allow the company to exit premises if the CVA is approved.  However, in subsequent statements it is clear that it has moved to a restructuring plan.  Such a plan will include secured creditors as well whereas a CVA is only binding on unsecured creditors.  A restructuring plan also has to be approved by a court.Dobbies was established in 1865 and grew to employ 3,600 staff across the UK. It was acquired by Ares Management last year and reported a £105.2m pre-tax loss in the year to March 2023.The company said: “The restructuring plan, and other strategic initiatives, are expected to return Dobbies to sustainable profitability through site rationalisations, rent reductions and other tangible cost savings, securing its long-term future and allowing access to future investment.“Thereafter, Dobbies will operate 60 stores and continue to play a key role in the market, working constructively with stakeholders and suppliers, and having an active and committed role in the communities in which it’s based.”The garden centres closing this year: Altrincham Antrim Gloucester Gosforth Harlestone Heath Huntingdon Inverness King’s Lynn Pennine Reading Stratford-upon-AvonThe Little Dobbies high street stores closing: Cheltenham Chiswick Clifton Richmond upon Thames Stockbridge Westbourne Grove, London

Read
Dobbies Looking To Close Stores In A Restructuring

Remainder of The Body Shop Stores Saved From Closure Amid Administration Rescue Deal

Update as per September 2024100+ Body Shop stores have been rescued from closure following an administration rescue deal by a consortium led by Mike Jatania.Mr Jatania is known a 'Cosmetics King'. The deal came from Aurea, his investment firm.Reports share that this new deal will ''steer the Body Shop's revival and reclaim its global leadership in the ethical beauty sector it pioneered''.Sky News report more.End of February 2024According to reports the Body Shop may be using a CVA to exit from administration in order to continue trading.  The administrators have drawn up plans to discuss rent cuts with landlords.  Read our page on administration followed by CVA 20th February 2024The Body Shop has announced that it will close approximately half of its stores, starting with 7 that will close immediately today; Surrey Quays (London), Oxford Street (London), Canary Wharf (London), Cheapside (London), Nuneaton (Warwickshire), Ashford Town Centre (Kent), Bristol Queens Road (Bristol).Along with the store closures, is the cutting of 40% of roles at its London headquarters - leaving around 400 full-time employees.The Body Shop ambassador programme is also going to close. This is the scheme were individuals sell products for a commission.Administrators say the brand's current portfolio is ''no longer viable'' after ''years of unprofitability''. The restructuring will include a renewed focus on the companies' products, online sales channels and wholesale. 13 February 2024Following the reports this weekend, administrators from FRP Advisory have officially been appointed to ''accelerate the restructuring'' of the UK arm of The Body Shop.Administrators will explore all options going forward for the business.Joint administrators, Tony Wright, Geoff Rowley, and Alastair Massey, will continue to trade the business in administration. 12 February 2024It has been reported this weekend that cosmetics retail chain, The Body Shop, is preparing to appoint administrators from FRP Advisory to its UK arm. This comes just six weeks after the chains new owner, Aurelius, took control.It is understood that the retailer experienced weak trading over the festive period and early January, coupled with having insufficient working capital.In the UK, Body Shop has 200 stores to the along with its headquarters in London -It seems unlikely that the British cosmetics, skin-care and perfume company, set up by the late Anita Roddick, will disappear from our high streets completely.  What is likely, is that there will be a focus on reducing its costs and building up a stronger online presence.  The brand still has appeal for its ethical stance and is popular with younger shoppers. Though the process of administration is being explored for the UK operations, the brands global franchise partners are not affected.In fact, very recently, parts of The Body Shop's businesses across Europe and Asia  have been sold to an unnamed family office - according to Retail Week.Will we see The Body Shop appoint administrators? Will there be a change in owners for the fourth time?It is interesting to see that the company has not opted for a Company Voluntary Arrangement.  This may be due to the fact that its problems do not stem from a number of poorly performing stores (which can be exited in a CVA) but to more widespread difficulties.  It is also likely that the owners have security over the assets of the brand.  If they have security then they can appoint administrators and are first in line for any payouts.This news piece will be kept up to date in accordance to current events. You can find out more on this story from BBC News. 

Read
Remainder of The Body Shop Stores Saved From Closure Amid Administration Rescue Deal

CTD Tiles Has Gone Into Administration – Some Stores Saved By Topps

CTD Tiles goes into administration and closes 56 of its outlets.The company's administrators stated that 268 employees were laid off as a result of the failure.Despite the huge number of retail closures, rival Topps Group purchased 30 CTD Tiles locations and two distribution sites in a rescue plan.Topps Tiles has purchased CTD Tiles' brand and intellectual property for £9 million from administration.The tile expert has purchased the supplier's brands, which include CTD Tiles, CTD Trade, and CTD Architectural Tiles, as well as 30 retail outlets, chosen inventory, and all related intellectual property.Topps stated that the retailer is "complementary" to its other businesses and that the acquired stores and assets provide it with "the opportunity to make a meaningful entry into the housebuilder segment and expand its existing share of the architect and designer segment".Topps bought 30 branches that generated £20 million in sales for the fiscal year ending June 2024 and will continue to trade under the CTD brand name. Why didn't Topps Tiles buy the company in a Pre Pack Administration? A pre pack administration sale is possible in these circumstances but the downside is that Topps would have had to take on all the employees via a TUPE process.  By waiting until the administration was started they were able to pick up the assets they wanted.  CTD might have been able to use a CVA to reduce stores but without knowing the make up of the creditors it is difficult to say.  If the business was simply not viable or had significant secured lenders then an administration would have been the correct procedure.If you have purchased goods from CTD then see this page on your rights Below is a full list of the stores which have been immediately shut and those which have been saved: 56 store closures: Aintree, Liverpool Ashford, Kent Aylesbury, Buckinghamshire Basildon, Essex Blackpool, Lancashire Bolton, Lancashire Brierley Hill, West Midlands Cambridge Central, Cambridgeshire Canterbury, Kent Carlisle, Cumbria Chelmsford, Essex Chester, Cheshire Colchester, Essex Coventry, Warwickshire Cricklewood, Greater London Croydon, Greater London Denton, Greater Manchester Derby Ascot Drive, Derbyshire Dundee, Scotland Eastbourne, East Sussex Exeter, Devon Falkirk, Scotland Gateshead, Tyne and Wear Glasgow Helen Street, Scotland Hanwell, Greater London Harlow, Essex Huddersfield, West Yorkshire Ipswich, Suffolk Kilmarnock, Scotland King’s Lynn, Norfolk Leeds, West Yorkshire Lincoln, Lincolnshire Livingston, Scotland Maidstone, Kent Newcastle North Shields, Tyne and Wear Newcastle West Kingston Park, Tyne and Wear Northampton, Northamptonshire Peterlee, Scotland Plymouth, Devon Portsmouth, Hampshire Preston, Lancashire Rochdale, Lancashire Rotherham, South Yorkshire Slough, Berkshire Southampton, Hampshire St Albans, Hertfordshire Stirling, Scotland Stratford Upon Avon, Warwickshire Sunderland, Tyne and Wear Sutton Coldfield, West Midlands Swindon, Wiltshire Tonbridge, Kent Uxbridge, Greater London Wembley Stadium, Greater London Weston-Super-Mare, Somerset Whetstone, Leicestershire  30 stores rescued by Topps: Aberdeen, Scotland Basingstoke, Hampshire Birkenhead, Merseyside Cambridge Bar Hill, Cambridgeshire Chichester, West Sussex Coatbridge, Scotland Coulsdon, Greater London Crawley, West Sussex Darlington, County Durham Dorking, Surrey Edinburgh Seafield, Scotland Edinburgh Stenhouse, Scotland Fakenham, Norfolk Farnham, Surrey Glasgow London Road, Scotland Hampton, Greater London Hull, East Yorkshire Inverness, Scotland Newbury, Berkshire Newcastle Under Lyme, Staffordshire Norwich, Norfolk Nottingham, Nottinghamshire Perth, Scotland Peterborough, Cambridgeshire Poole, Dorset Stockton, County Durham Warrington, Cheshire Watford, Hertfordshire Wimbledon, Greater London Woking, Surrey

Read
CTD Tiles Has Gone Into Administration – Some Stores Saved By Topps

Tapi Carpets Rescues some stores from Carpetright

Update. 22nd July 2024Carpetright has been rescued in part by its rival Tapi Carpets.  The company will keep 54 stores but 200 are still at risk. The deal will also result in 1,018 job losses across Carpetright’s Purfleet head office and its remaining 218 UK wide stores.PwC administrators who are handling this administration, said that some HQ employees will be retained for a short period to help in the winding down procedure.Retail Gazette share more. Flooring specialist, Carpetright, has confirmed it has filed a notice of intention to appoint administrators.This notice allows breathing space of ten days, whilst a rescue line is sought. If no rescue is found in the period, insolvency is likely.This comes as the flooring retailer faces trading difficulty with increased competition and a fall in demand.Expected outcomes, should a rescue deal be made, are a pre-pack deal or a company voluntary arrangement. These options would potentially leave customers, suppliers, subcontractors and landlords out of pocket,  result in store closures and leave 1,852 jobs at risk.The firm are however working towards a reprieve - hoping to secure additional funding to see them out of the red.This is not the first time Carpetright has hit the news for trading difficulty. Recent events:Teneo were appointed in April to explore cost-saving measures for the loss-making chain In April there was a financial strain placed on Carpetright when a cyberattack left it unable to trade online and in-store for almost a week In June it was reported that the retailer were looking to axe more than 25% of its head office staff as it looked to streamline operationsCarpetright has 272 UK stores and employs over 3,000 staff.

Read
Tapi Carpets Rescues some stores from Carpetright

Cineworld Looking At A CVA

According to information obtained by Sky News, the movie chain and its advisors at AlixPartners have started formally investigating a company voluntary arrangement (CVA).  This is following earlier reports that the company was seeking a sale of the business.The Cineworld chain is a global business that went into Chapter 11 bankruptcy protection in the US back in 2022.  It has now emerged from that and much of its debts have been swapped for equity.  So it seems that many investors are still keen to be part of it.In the abscence of any sort of sale a CVA is the companies best chance of reducing its overheads as it enables it to exit non profit making cinemas.  It can also help restructure its unsecured debts provided that the creditors agree to its proposal.  75% by value of those that vote will need to support any proposal.The company has more than 100 sites in the UK, including the Picturehouse chain, and employs thousands of peopleIn a statement issued to Sky News earlier in the month, it said: "Like many businesses, we are continually reviewing our UK operations."It is also worth pointing out that this years film releases have underperformed.  Furiosa, Fall Guy, Civil War, Planet of the Apes have been well below expectations.  This is probably a combination of high ticket prices, streaming competition and lower quality compared to previous years..

Read
Cineworld Looking At A CVA
laybuy logo

Laybuy Goes Into Administration

Laybuy, the pay now pay later firm, has collapsed into administration just days after suspending its service.  The company allowed customers to buy products online and spread the costs over 2-3 months.The company has 500,000 users operates across New Zealand, Australia, and the UK with 300,000 in the UK.The company has gone bust in New Zealand after failing to find a buyer.Sam Ballinger, joint administrator at FTI Consulting, said: "The joint administrators are currently assessing the options available to the companies and supporting the employees, merchants and other affected stakeholders through this difficult period."Laybuy is not currently accepting new transactions, however, customers should continue to make payments as normal."FTI said that further updates including those affecting customers will be shared in the coming days at www.fticonsulting.com/uk/creditors-portal/laybuy-uk.It is indeed a good idea that any customers who have bought goods using Laybuy must continue to make payments.  The administrators will pursue any customers who do not pay and non payments will affect your credit score.The company has 29 employees in the UK.It is possible that the company may be sold out of administration.  Klarna are the main operator in this market space and could be interested if Laybuy had any particular areas where they dominated.  However with 300,000 users in the UK it might be worth waiting until all those payments have been made and they simply have the technology left over.

Read
Laybuy Goes Into Administration
cow

Loscoe Chilled Foods has gone into administration

Derbyshire meat factory, Loscoe Chilled Foods has gone into administration, with all its 120 employees made redundant.  This follows an investigation from the National Food Crime Unit, over how UK supermarket chain Booths may have been supplied with mislabelled, pre-packed sliced meat, back in 2021. When officers from the Food Standards Agency and police went on an unannounced visited to the factory, they found that meat allegedly sourced from South America and Europe had been labelled as British (note that here there is no suggestion that any of the company's meats were unsafe to consume). Three people were arrested on this visit and immediately the firms BRC food safety accreditation was withdrawn.Customers of its cooked meats ended up cancelling orders, resulting in the company running out of money to keep going.Derbyshire Live shared a letter that was sent to staff by Ian Brooks, personnel manager:"I wanted to provide you with an update following my recent announcement that staff would be temporarily laid off as a result of customers withdrawing orders, following the suspension of our BRC certificate. While the business had hoped to find a buyer so that it could keep operating, this has not proven to be possible as of yet. Therefore, it is with regret that I must inform you that Loscoe Chilled Foods Limited is entering into administration. This means that the business is closing and that, with effect from Friday, March 24, 2023, all roles within the business will be made redundant. I appreciate that this is not the news that you wanted or needed to hear. On a personal level, I wanted to tell you how very sorry I am and to thank you all for your dedication and service to the business. That has certainly not been unappreciated, and it has been a pleasure to work with you all over the years. I wish you and your families all the very best for the future.''

Read
Loscoe Chilled Foods has gone into administration
superdry logo

Superdry Creditors Vote in Favour of Restructuring Plan

Update: 11 June 202499% of Superdry creditors have voted in favour of the proposed restructuring plans to rescue the fashion retailer.The proposed plan includes a delisting from the stock market, achieving rent reductions at 39 of its 94 UK stores and an equity raise underwritten by founder, Julian Dunkerton.This is a restructuring plan under part 26 of the Companies Act Update: 15 April 2024It hits the news today that landlords of Superdry are considering a restructuring deal that would result in steep rent cuts at a large proportion of its 94 British shops. The scale of the rent cuts would be dependent on the financial performance of each site.According to City sources, the fashion retailer is not planning on any permanent closures, but landlords would have the option to terminate any leases if they were not satisfied with the terms of the deal.Superdry has been facing red for some time. Most recently there were talks with founder, Julian Dunkerton regarding a takeover, but such talks were then aborted.Sky News share more. Update : 29 January 2024In line with other retailers Superdry has been finding trading difficult due to the cost of living crisis.  It has also been cutting back its store count. The clothing brand has 104 stores in the UK and started closing some back in July 2023.  The company also announced that it was looking at costs savings of some £40m.  This is an increase from the £35m they announced recently.  There are now rumours circulating that the company is looking at a Company Voluntary Arrangement (CVA) as a way of cutting costs.The CVA is a powerful rescue tool that is particularly favoured by retailers due to is ability to allow companies to vacate properties and determine their lease obligations.  The cost of high rent shops on long leases can be a heavy burden on retailers.The following case law has been used for some years now to terminate leases with no cash cost to the company.Re: Doorbar v Alltime Securities Ltd (1995) BCC 1149 stated that landlords can be bound by voluntary arrangements for future obligations under a lease.Re: Cancol Ltd (1995) BCC 1133 that the word ‘creditor’ in r1.17(1) IR 86 was wide enough to include a landlord with a right to future rent i.e. the ability to include future rent extends to CVAs as well as Individual Voluntary Arrangements.Furthermore, where the unliquidated or unascertained claim in a CVA involves future rents accruing to a landlord, the case of Re Park Air Services [1996] BCC 556) gives the CVA meeting   chairman some considerable guidance as to quantifying the claim at the meeting.Another reason that Superdry is finding itself in difficulty is that it rapidly expanded to try and become a global super brand.  No doubt much of this expanision was fueled by cheap debt and as many companies are now finding out when interest rates rise and customers pull back the going gets very tough.  As such the shares have lost almost 90% of their value in the last 12 monthsSky News has reported that PWC are the advisors that are looking at restructuring options.It is quite standard practice to put out stories about a possible CVA as this does prepare the ground for negotiations with landlords.  They will be asking the landlords for substantial rent reductions in order for them to survive.  If landlords refuse then they can usually get other suppliers and trade creditors to support a CVA proposal and out vote them.Landlords have tried to challenge CVAs in the courts on the grounds that they unfairly prejudice their position but have so far failed to succeed. 

Read
Superdry Creditors Vote in Favour of Restructuring Plan
cow

“Green” Mona Dairy Goes Into Administration

An innovative “Green” dairy called Mona Dairy has gone into administration as they have been unable to raise the required funds..The £20 million dairy started operating in 2020 and can produce more than 30,000 tons of Welsh and continental cheeses every year.Over  30 local dairy producers had been supplying the plant with milk.The net-zero dairy employs around 50 staff at the Mona Industrial Park and was supported by a £3m grant from the Welsh Government.The Dairy is powered by renewable energy and launched the UK’s first BEV (Battery Electric Vehicle) tractor and trailer for milk haulage.A statement on the dairy’s website said Anthony Collier and Phil Reynolds of FRP Advisory were appointed as Joint Administrators of Mona Island Dairy Limited on 7 June 2024.“The Joint Administrators are currently exploring options of Mona Island Dairy Limited, and separately will be in contact with all known creditors in due course,” it added.This is not the first "green" company that has gone bust over the last few years.  Many have run into difficulty as they often have high start up costs and receive grants that gets them through the first years.  Customers also sometimes do not have the same loyalty or "zeal" for the company's green credentials as the owners.

Read
“Green” Mona Dairy Goes Into Administration

Mercian Cycles To Go Into Liquidation

Derby based Cycle builder Mercian Cycles has gone into liquidation.  The firm specialised in making high quality steel frames with hand made decorative joinery ("lugs" in bike parlance).The company confirmed thr news to the publication road.cc saying: "Mercian Cycles Ltd has ceased to trade, and we have instructed an Insolvency Practitioner to assist us with taking the appropriate steps to place the Company into Creditors' Voluntary Liquidation."Opus Business Advisory Group have been appointed liquidators and said "we will be working closely with the company to help manage a controlled wind down of the business and a smooth transition for stakeholders".The bike company was founded in 1946 and was seen as quite eccentric with its lugs and flamboyant colours.  The firm had quite a cult following in the UK and the USA.However the cycling industry has had a hard time of late due to over capacity following the pandemic when everyone suddenly started to spend money on Bicycles.  Unfortunately, this new found enthusiasm did not last.

Read
Mercian Cycles To Go Into Liquidation