The warning signs of distress, what to look for and first steps to take

Leonard Curtis celebrates 30 years of restructuring and turnaround advisory this year so there is nothing we have not seen in terms of business distress. What we do say to business owners – if they look as though they are heading for trouble - is to look for warning signs and act accordingly.  

These are the seven key things to take on board:

  1. Don’t bury your head and hope problems will go away

It’s very easy for any business manager to fall into the ‘hoping for the best’ trap, as business owners are naturally optimistic, and the alternative is too terrible to contemplate. Ignoring problems, however, is unlikely to be a solution, and this is more likely to lead to failure.

It’s essential to take stock of the reality of the situation, including external factors such what’s happening in the market, then bring the management team or trusted advisors together to review the strategy and decide what needs to change. This needs to be done at an early stage of any distress.

It is worth saying that even if a formal insolvency process becomes necessary, it doesn’t always mean the end of the road. Our focus is always forward with purpose whatever that looks like for a business owner.

  1. Forecast. And then challenge your forecast

Regular forecasting particularly cashflow, is extremely important for any business – not just for survival, but also to identify opportunities for growth.  Once projections have been pulled together - for both best and worst possible scenarios – they are an extremely effective guide to developing long-term strategy and managing day to day operations.  Take time to regularly review and challenge your forecast to work out how you can bridge any gaps in your cashflow.

  1. Act quickly when you see trouble ahead

By knowing what to look out for - and what steps to then take - a business has more time to react. This emphasises the importance of forecasting, the longer it takes to acknowledge difficulties, the quicker they accelerate, and the more problematic they become. If caught unaware, often, by the time the ‘cashflow crunch’ hits and creditors are chasing for payment, the options for remedial action reduce.

It is also important to understand what your business means to you. We meet with many business owners who, when they really think about it, don’t want to spend every day fighting fires. They recognise that sometimes it is better to work for someone else. We always ask business owners what ‘good’ really looks like for them and then formulate a plan to make the best of the situation.

Even at the later stages, distress doesn’t always mean disaster. From time to time, we are all faced with a situation where we don’t know the immediate answer, so asking for help is the brave and correct thing to do.

  1. Ask for help

Nobody should be afraid of asking for help, there is plenty of trusted support available from qualified professionals including at Leonard Curtis and we have a very open door approach. Five years on from Covid, times remain challenging for many businesses, but again, a greater proportion of them can certainly be saved if issues are taken on board and specialist advice sought early.

  1. Keep talking to your stakeholders

Once you have identified the cause of the distress and developed a plan to deal with the situation, communicating well in the right way with employees, customers and suppliers – the key people around your business – will help turn a distressed situation around.

Without customers, you have no business. Without your suppliers you can’t make your products and without your employees you can’t deliver them. So, knowing what to say and when to say it is important and part of the guidance we can provide. This should just be a natural extension of what you would normally be doing – knowledge from communication helps understand customers’ requirements and challenges and identify early any problems with potential debtors.

The same goes for suppliers. You need to ensure you can still get the services and raw materials you need. And if you’re struggling to keep up to date with payments then talking to them in advance is far more likely to secure to their support than just ignoring the issue.

​​​​​​Being honest with employees – at the right time – to inform and reassure if you can, is fundamental – especially if there is a recovery plan involving their support or you need to manage any exits professionally.

  1. Keep lenders and creditors on side

Again, this comes down to good communication from the management team.

The simple advice is to engage with lenders and creditors at an early stage, especially where difficult messages need to be conveyed. And, if you make a promise to pay later as part of a deferral arrangement, stick to it, otherwise, your credibility may be damaged and confidence in your ability to manage the situation is lost.

  1. Don’t be afraid of a possible insolvency process - rescue is always the priority

Confusion surrounding the insolvency process - and fear of repercussions from seeking advice from a corporate recovery professional - means that many owner managers often leave it too late to get help. Asking an insolvency practitioner (IP) for guidance does not automatically lead to the closure of the business.

On the contrary, our priority - and that of most restructuring firms - is always to try to save a business if possible.  Where we are consulted early enough, we can usually develop a practical strategy to put the company back on a steady footing.

CVAs

One of the options may be a Company Voluntary Arrangement (CVA) which can be suitable for many more businesses than just high street brands and large multiple retailer chains. As well as engaging creditors up-front, a CVA offers flexibility and is a helpful recovery option to address cashflow issues provided there is an underlying viable business.

Prepacks

Pre-pack administrations can also be the right option in some circumstances, but they are subject to external scrutiny - particularly where business sales to connected parties are involved.  Make sure you take advice from a reputable and licensed IP who can help you steer the correct path. Those who get it wrong could face ongoing challenges from creditors including HMRC and the Insolvency Service.

Finally

Family businesses have an additional emotional challenge as often there is a fear of disappointing parents, partners, siblings and children. Often the business owner’s personal identity is based around the business and business distress can create stress in those personal relationships. This makes it even more important to seek confidential impartial advice at an early stage to avoid those personal relationships clouding your judgment which could make the situation worse.

As business advisors with a range of services including negotiating with creditors, arranging additional funding as well as all the various insolvency options, we are happy to provide confidential initial advice without any cost or obligation to support businesses of all shapes and sizes.

Meet the team

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Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Phil Trueman

Specialist Funding Relationship Manager

Beverley, Leeds, York

Funding

Commercial finance brokerage

Joph Young

Director

Worcester

Restructuring and Insolvency

Joshua White

Administrator

Bury

Restructuring and Insolvency

Lewis Farrin-Berry

Junior Administrator

Bury

Restructuring and Insolvency

Annelise Videira

Assistant Manager

Guernsey

Restructuring and Insolvency

Rik Heap

Director

Bury

Restructuring and Insolvency

Russell Villanueva

Senior Administrator

Bury

Restructuring and Insolvency

Emma Smith

Operations Analyst

Manchester

Funding

Tom Benson

Administrator

Sheffield

Restructuring and Insolvency

Harry Matthews-Roberts

Manager

Jersey

Restructuring and Insolvency

Offshore services

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Tracy Gardner

Associate Director of Advisory Services – Property and Construction

Manchester

Business Services

Advisory services - property & construction

Conor Jones

Advisory Analyst

Manchester

Funding

Business advisory

Bill Bordill

Director - Expert Services

Manchester

Business Services

Advisory services - property & construction

Chelsea Hanson

Office Manager

Barlborough

Support

Una Spencer

Cashier

Bury

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Jennifer Moore

Solicitor | Director - Head of Corporate

Manchester

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Cameron Harrison

Business Development Executive

Thames Valley, London

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Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

Corporate

Ethan Sanders

Junior Administrator

Hampshire

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Robyn Snape

Senior Relationship Manager

Preston

Syed Islam

Management Accountant

Bury

Finance

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Neil Hoad-Vrolijk

Senior Manager

Gateshead

Restructuring and Insolvency

Ben Kelly

Administrator

Manchester

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Richard Pinder

Director

Barlborough

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Samuel Wood

Senior Manager

London

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Ben Powell

Business Advisory Analyst

Manchester

Funding

Business advisory

Evie Foulkes

Trainee Administrator

Hampshire

Restructuring and Insolvency

Robert Banbury

Business Development Manager

Bristol, Taunton

Anthony Milnes

Director

Huddersfield

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Jas Mall

Specialist Funding Relationship Manager

Birmingham

Funding

Commercial finance brokerage

Alison McLauchlan

Manager

Liverpool

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Mike Parkinson

Completions Coordinator

Bury

Funding

Commercial finance brokerage

Nicola Carlton

Senior Administrator

Manchester

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Chris Knott

Director

Stoke

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Khalid Suli

Senior Administrator

Bury

Restructuring and Insolvency

Charlotte Bradley

Marketing & Communications Executive

Manchester

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Nadine Swettenham

Senior Manager

Manchester

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Isabelle Messenger

Senior Administrator

Bury

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Maciej Gomola

Junior Administrator Apprentice

Bury

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Catherine Reynolds

HR Director

Bury

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Laurence Ollerton

Assistant Manager

Bury

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Victoria Cleary

Administrator

Liverpool

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James Parsonage

Senior Manager

Bury

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Abi Conah

Administrator

Manchester

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Jane Carey

Associate Director

Bury

Compliance

Emma Hartley

Assistant Manager

Bury

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Alison Britner

Group Operations Manager

Bury

Support

Beth Nelson

Administrator

Sheffield

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Henry Dickinson

Senior Administrator

Sheffield

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Arvin Charchi

Information Security Manager

Bury

IT

Sam Wakeman

Junior Administrator

London

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Richard Bradley

Senior Manager

Preston

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Sarah Hewitt

Director - Funding Partnerships

Bury, Manchester

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Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

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Amy Nelson

Manager

Leeds, York

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Darren Robinson

Head of Business Development

London

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Carl Faulds

Group Head of Restructuring and Insolvency Operations

Hampshire

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Charlotte John

Manager

London

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Lauren Fitton

Director

Bury

Restructuring and Insolvency

Sam Hackett

Administrator

Barlborough

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Toby Gibbons

Assistant Manager

London

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Simra Banaras

Junior Administrator

Gateshead

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Matthew Wright

Director

Guernsey

Restructuring and Insolvency

Offshore services

Summer Hume

Junior Administrator

London

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Alana Mills

Senior Business Development Manager

Barlborough, Loughborough

Joshua Young

Apprentice Business Advisory

Manchester

Funding

Business advisory

Eleanor Carmichael

Events Manager

Manchester

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Helen Sutherland

Paralegal

Manchester

Leonard Curtis Legal

Amelia Blythe

Assistant Manager

Leeds, York

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Corporate insolvency

Jonathan Todd

Associate Director

Gateshead

Restructuring and Insolvency

Bradley Jordan

Trainee Insolvency Administrator

Guernsey

Restructuring and Insolvency

Offshore services

Dan Booth

CEO

Manchester

Exec Team

George Piggott

Senior Administrator

Manchester

Restructuring and Insolvency

Sean Ward

Associate Director

Cardiff, Bristol

Restructuring and Insolvency

Ross Heald

Administrator

Bury

Restructuring and Insolvency

Katharine Downs

Finance Manager

Hampshire

Finance

Karolina Peets

Business Advisory Analyst

London

Funding

Business advisory

Becky Owen

Head of Funding

Manchester

Exec Team, Funding

Katy McAndrew

Director

Manchester

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Paul Sharpe

Funding Relationship Manager

Liverpool

Funding

Commercial finance brokerage

Alnur Miah

Manager

Preston

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Lakh Singh

Business Development Executive

Bury

Restructuring and Insolvency

Yasin Hussain

Administrator

Preston

Restructuring and Insolvency

Natasha Lee

Administrator

Manchester

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Mark Colman

Director

Preston

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Deborah Hooton

Solicitor | Senior Associate

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Cameron Ford

Senior Administrator

Birmingham

Restructuring and Insolvency

Deborah Lockwood

Director

Sheffield, Rotherham

Restructuring and Insolvency

Rachel Roscoe

Administrator

Bury

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Personal insolvency

Jane Matthewman

Assistant Manager

Bury

Restructuring and Insolvency

Personal insolvency

Cheryn Fisher

Legal Executive

Manchester

Leonard Curtis Legal

Dispute resolution

Richard Bruton

Funding Relationship Manager

London

Funding

Commercial finance brokerage

Aaron Blake

Head of Group Reporting

Bury

Finance

Mike Fortune

Director

Hampshire

Restructuring and Insolvency

Kirsty Swan

Associate Director

Birmingham

Restructuring and Insolvency

Vicky Pitts

Director | Head of Compliance - Restructuring and Insolvency

Bury

Compliance

Michael Broadbent

Site Support Engineer

Bury

IT

Jon Miles

Administrator

Liverpool

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