Transforming Perceptions: The Development of Pre-pack Regulations in England and Wales. (29th October 2022)

• Record Type: Journal Article
• Authors: Adebola, Bolanle
• Is Part Of: Oxford journal of legal studies. Volume 43:Number 1(2023)
• Page Start: 150
• Page End: 177
• Publication Date: 2022-10-29
• Subjects: Pre-pack -- Corporate Rescue -- Pre-pack Regulations 2021 -- Evaluator -- Administration Regulations 2021 -- Pre-pack Reform; Law -- Periodicals; Law reviews -- Periodicals; 340.05
• DOI: 10.1093/ojls/gqac026
• Languages: English
• ISSNs: 0143-6503

Abstract

Abstract: The article systematically assesses the extent to which the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 achieve the goal of the government to quell the negative perceptions of pre-pack administration. The pre-pack has generated much criticism from disenfranchised groups who regard the practice with much suspicion. These criticisms have triggered questions as to whether and how to structure the regulation of pre-packs. The article introduces original frames through which to distinguish the competing regulatory visions of the pre-pack, as well as to systematically evaluate the regulatory frameworks that have been introduced. The evaluation reveals a gap between the regulatory visions of the critics and the regulator. This gap has impacted the reception and effectiveness of successive regulatory frameworks. Combining its frames with the expectation gap theory, the article offers a critical assessment of the 2021 reforms, which address most but not all the criticisms of the pre-pack.