Winton: use and abuse of pre-packs to drop pension liabilities

Anne-Marie Winton, partner at ARC Pensions Law LLP, examines the pre-pack administration of publisher Johnston Press, which involved the abandoning of £109m in pension liabilities, and asks whether regulators should have greater control of this practice

 

It appears that very little escapes the eagle eyes of Frank Field MP, chair of the work and pensions committee, where corporate failure arises involving a defined benefits scheme. Currently he is asking questions about the circumstances surrounding the pre-packaged administration of Johnston Press (owner of the i and the Yorkshire Post) in November 2018, with debts of around £200m.

The pre-pack enabled a new business to rise from the ashes under new ownership unencumbered by those liabilities or any pensions deficit; it also triggered a Pension Protection Fund (PPF) assessment period for the group’s defined benefits pension scheme, at the end of which the Pension Protection Fund is likely to take on around £109m of pensions liabilities.

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