by Barry the bird boggler »
21 Mar 2011 13:30
From the BBC OS
Safe hands Hudson, the Crazy Gang liquidator
Post categories: Football
Matt Slater | 16:43 UK time, Friday, 18 March 2011
Fifteen years ago, on one of my first forays as a journalistic hunter-gatherer, I arrived at Wimbledon's scruffy training ground in south-west London to see a pair of smouldering jeans being bundled out of a changing-room window. Hang on a minute, I thought, if they are setting fire to trousers we should have sent Kate Adie.
I need not have worried, my strides were safe. What I had witnessed was an almost everyday occurrence, Vinnie Jones exacting revenge for a prank he probably had coming.
A few years before, David Hudson had been part of this madness as the club's second reserve goalkeeper, the craziest position at England's craziest club. One of the highlights of his three years with the Dons was a pre-season tour of Sierra Leone. The recently-crowned FA Cup champions stayed in army camps and played in front of 60,000 fans. After one game their bus was stoned by angry locals.
I would argue these formative experiences make Hudson, now an insolvency expert, the ideal candidate for his new job, joint liquidator at football's new Crazy Gang, Portsmouth City Football Club Ltd.
For Pompey fans panicking about the word "liquidator", fear not: Portsmouth City Football Club Ltd may well be pushing daisies now but Portsmouth Football Club (2010) Ltd is alive and well(ish).
Pompey's lurch into administration appalled fans and embarrassed the football authorities
In keeping with their attempt to chart areas of insolvency law that other football clubs fear to tread, Portsmouth's return from the abyss of being £119m in debt is far from typical.
Old Pompey was officially killed off last month, almost exactly a year after it went into administration.
But this was all part of the hard-fought deal struck between the club's de facto owners, the administrator and the long list of creditors headed up by HM Revenue & Customs (HMRC): old co gets it in the neck, key assets are transferred to new co, old co's creditors write off 80% of their money, new co carries on unencumbered by the sins of its father.
So why bother liquidating the old company at all? Why go to the expense of appointing Hudson's Baker Tilly firm if everybody has agreed to move on? What good can come from unpicking the giant ball of confusion that was Pompey's 2010-11 campaign?
The answers to these questions are encased in insolvency law but, for once, are actually quite simple: administration is about saving a stricken but salvageable vessel, liquidation is about raising the wreck from the bottom to find out whose fault it was.
Therefore, the powers and responsibilities of an administrator and a liquidator are very different. The former's job is to plug holes, get the best possible deal for the creditors and sell what's left on so it can live another day. Speed is of the essence, compromise is vital and in most cases everybody is so relieved to get to through it the whole thing is put down to experience and/or forgotten about.
A liquidator's job is to work back through the company's books and corporate history, looking for what experts call antecedent transactions, preferential payments and misfeasance but what I would call general skulduggery. This is complicated, almost forensic, work and it takes a long time. But it has started.
When the last rites were said over Portsmouth City Football Club Ltd on 24 February, the work of Pompey's high-profile administrator Andrew Andronikou was done. He had seen off nearly every challenge from a seriously miffed HMRC and steered the club back into the hands of Balram Chainrai and Levi Kushnir, football's most reluctant owners.
Andronikou's time in charge at Fratton Park was eventful (an unlikely run to the FA Cup Final, relegation and numerous scraps with the taxman) but it was also successful. He found a buyer, Pompey did not go bust and they have not gone into freefall.
Andrew Andronikou's job was to keep Pompey afloat, not explore what went wrong Photo: Getty
But that was never going to be enough to satisfy the taxman and, having been on the losing side on almost every argument during the Pompey saga, HMRC finally won one when it was agreed there would be a period of administration to save the club AND a liquidation to work out what happened. The taxman got to pick his liquidator too.
So what happens next? Hudson happens.
"The first thing we do is get hold of all the records, going back years if need be. Then we would want to interview all the key personnel. We need to get a feel for what went wrong," he told me.
"The questions we will be asking is were assets undersold and were there any transactions that took place whilst the company was insolvent that we could recover through the courts.
"We will also investigate what the company's directors did and liaise with the Official Receiver to see if charges are appropriate."
Given that Chainrai was Portsmouth's fourth owner in the six months prior to the club becoming the first from the Premier League to enter administration, Hudson will not be short of personnel to interview. This will take time and could easily result in no improvement whatsoever to the 20p-in-the-pound deal offered to the club's unsecured creditors.
One thing is for certain, though, the taxman, owed £17m-plus, has not given up. An HMRC lawyer at Plymouth Argyle's recent hearing told me his office was now on to its 29th folder in the Pompey case. And the arguments in the Argyle case suggested HMRC's generals were still fighting the last war. Who can blame them? It is our money too.
But I think they have found a good foot-soldier in Hudson. As a former player (he spent almost two decades in non-league football after leaving Wimbledon), Hudson knows the territory and speaks HMRC's language.
"At the moment, we are seeing wages in football which cannot be sustained and the wealthy individuals that once took over clubs are now cautious of providing finance. By allowing clubs to be driven by success at all costs, the football market is in danger, particularly for those clubs at the lower end of the market."
There is one other interesting detail on Hudson's CV: he was joint administrator at Southampton. Insolvency, like football, is a small world.