Search

How can we help?

Icon

The rise of Company Voluntary Arrangements (CVAs)

House of Fraser is the latest high-profile CVA in the retail sector but it’s not just the retail sector which has been inundated: the latest government statistics show that there has been an 85.5% increase in the use of CVAs.

What is a CVA?

Essentially, a CVA, a company voluntary arrangement, is an arrangement between unsecured creditors and an insolvency practitioner which allows a company to pay its creditors over a fixed period, rather than enter administration.

A CVA will allow a company to keep trading and repay creditors, often using a combination of ongoing trading profits and the sale of assets. The CVA will also usually stipulate a certain level of debt to be written off at the end of the term. For example, a company may agree to pay 30p for every £1 owed to all unsecured creditors, with the remaining debt being written off after, say, 5 years.

What Process is Used?

All the directors of the company must agree to apply to an insolvency practitioner for a CVA. The insolvency practitioner will work out an appropriate payment schedule for the company to repay the amount it owes, taking into account the amount the company can pay.

Once the arrangement has been worked out, the company must write to its creditors outlining the details of the CVA. Before a company can enter into a CVA, the arrangement must be approved by creditors who are owed at least 75% of its outstanding debt.

Once approved, the CVA will bind all unsecured creditors – even those who opposed it or who failed to vote. This means that, for those creditors who voted against the CVA, the imposition of the arrangement can be a particularly bitter pill to swallow. In reality,  CVAs are not often rejected, as they are usually the last hope before administration.

In an ideal world, the company will meet the payment terms of the CVA and will rise like a phoenix from the ashes to fight another day. However, if the company fails to meet the payments, any of its creditors may then apply to have the company wound up.

Essentially, a CVA, a company voluntary arrangement, is an arrangement between unsecured creditors and an insolvency practitioner which allows a company to pay its creditors over a fixed period, rather than enter administration.

Why do CVAs get such a bad press?

Using a CVA is a final attempt to avoid administration, so the argument is often made that CVAs simply delay the inevitable.

However, the real reason CVAs frequently get pilloried in the press is the impact these arrangements often have on landlords and suppliers. CVAs may mean substantial rent reductions for landlords and substantial write-offs for suppliers. For landlords with properties which may be difficult to rent, this can present significant problems.

CVAs are increasingly perceived as a “get out of jail free card” for companies, a mechanism used to restructure and renegotiate lease agreements with, potentially, few repercussions. The ability to renegotiate lower rent and continue to trade may (understandably) frustrate other companies in the retail sector who have operated prudently.

But, given the very challenging trading environment on the high street, House of Fraser is unlikely to be the last high-profile CVA we see this year.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.