
New SCARP process eases popular restaurant's post-Covid recovery
The process, introduced in 2021, is designed to support small and micro businesses facing short-term financial pressure by enabling them to reorganise outside of the courts.
The restaurant is part of the Michael's group, founded by chef and restaurateur Gaz Smith. Delays related to the pandemic meant Big Mike's opened later than planned, and fit-out costs exceeded original estimates. Despite strong customer demand, the business encountered ongoing cash flow pressure as a result of rising input costs and residual liabilities from the build.
Smith publicly acknowledged the situation, noting, 'I put everything into Big Mike's. Even my house deposit.' Rather than allow conditions to deteriorate further, management appointed a process adviser and initiated the SCARP process. The goal was to restructure debt, stabilise operations and protect employment.
SCARP was selected over examinership due to its suitability for smaller businesses. It avoids court proceedings in most cases and is completed within a seven-week statutory period.
According to Barbara Galvin, partner at William Fry, the process is underutilised but well-suited to companies like Big Mike's.
'SCARP is for businesses that are in trouble but still have something worth saving,' she says. 'It is not a wind-down mechanism. It is about early action and recovery.' Under the process, an insolvency practitioner reviews the company's position, prepares a plan, and presents it to creditors for approval. If sufficient support is secured, the plan proceeds without the need for court involvement. At Big Mike's, this was achieved with minimal disruption.
Key to the outcome was the business's proactive engagement with stakeholders. Smith communicated openly with suppliers, staff and customers throughout, which helped maintain relationships and facilitate agreement on the restructuring plan.
'He was open with people from the beginning,' Galvin says. 'That transparency helped maintain relationships and made it easier to secure support for the plan.' Following creditor approval, the plan was implemented, and Big Mike's exited the process while remaining fully operational. No court hearing was required. The restaurant retained staff and continued to serve its customer base without interruption.
'This is a clear example of SCARP working as intended,' Galvin says. 'It was a viable business, but overextended. The process allowed it to restructure and recover.' The case highlights the importance of early action, clear communication and appropriate legal frameworks. Management acted before the situation became unmanageable, allowing for a structured solution. Suppliers and creditors supported the process in the belief that the business could succeed long-term.
Despite SCARP's proven utility, uptake has been limited. Galvin attributes this to cultural hesitation and a lack of awareness.
'There is still a stigma around business rescue in Ireland,' she says. 'But SCARP is a practical tool. It allows businesses to survive financial shocks without entering costly and complex legal proceedings.' Big Mike's is one of a small but growing number of companies to use SCARP effectively. The case demonstrates that with timely decision-making and professional support, small firms can manage financial challenges without resorting to liquidation.
'If you wait too long, there may be nothing left to save,' Galvin says. 'SCARP only works if the fundamentals are still intact.' The experience at Big Mike's underscores the value of structured rescue frameworks and provides a real-world example of what successful business recovery can look like in practice.
Key Lessons from Big Mike's:
Act early: Management initiated the process before operations became unsustainable. Early engagement was essential.
Communicate Clearly: Smith's transparent communication helped preserve confidence among staff, customers and creditors.
Use the right framework: SCARP was more suitable than examinership, given the size of the company and the time-sensitive nature of the issue.
Stakeholder support is critical: Continued supplier cooperation and creditor agreement enabled a smooth resolution.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Irish Examiner
20 hours ago
- Irish Examiner
Labour bill seeks to ban Central Bank from approving Israeli war bond sales
The Central Bank would be banned from preparing prospectuses for the sale of Israeli bonds under a Labour bill to be published this week. Labour's Duncan Smith will introduce his Occupying Power (Securities and Handling of Settlement Goods) Bill 2025 to the Dáil, which would stop the Central Bank from giving information on the sale of bonds from countries which are deemed to be occupying powers. The Central Bank last month came under mounting pressure to reject the prospectuses of Israeli bonds, which are largely being used to fund the country's war efforts in Gaza, though it has argued because Ireland's central bank is designated as the competent authority to approve prospectuses for Israeli bonds sold in the EU, it has no legal authority to do so. Third-country issuers of bonds must choose the central bank of a country within the EU as their home member state, a choice which is up to that country and not the chosen home member state. Before 2021, Britain was the EU home member state for Israel, but following its exit from the bloc, Ireland was chosen by Israel as the new home member state. The Central Bank of Ireland approved the first prospectuses for the bond issuance programme in 2021, with the currently approved prospectus due to expire on September 1, 2025. Mr Smith said he was not satisfied with the Government's rejection of a Social Democrats motion, supported by Sinn Féin, Labour, and People Before Profit-Solidarity, which also called on the coalition to advise the bank that "by acting as the enabling cog in Israel's fund-raising machine in the EU, it is putting the State at risk of a charge of complicity in genocide". "We're not satisfied with the minister's responses to this in the Dáil. We feel that there is a mechanism to ban this practice to stop us selling war bonds for an occupying power. With pre-legislative scrutiny of the Occupied Territories Bill nearing an end and recognition of Palestine, there is more we can do. "We can, through primary legislation, ban this practice and show more solidarity to the people of Palestine. We're going to keep the pressure on." In the bill's explanatory memorandum, it says the governor of the Central Bank Gabriel Makhlouf has told the Oireachtas finance committee the bank itself has no discretion in the matter and it could only refuse to approve a prospectus for the issue of Israeli bonds if there was a legal basis under either EU or national law. The bill would also seek to protect workers who refuse to handle goods produced in illegal Israeli settlements. The memo says "both Ireland and the European Union as a whole are agreed that Israeli civilian settlements on occupied land are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution impossible". The bill would make dismissal of a staff member who refused to handle the goods an unfair act under employment law.


Irish Times
4 days ago
- Irish Times
Revenue says it backs Scarp process amid criticism of opt-out mechanism
Revenue has reiterated its support for the Small Company Administrative Rescue Process (Scarp) process and said its recently criticised opt-out mechanism was 'reserved strictly for cases involving non‑compliance, audits, or ongoing tax appeals". This comes following an analysis of the Scarp regime published by Azets Ireland, formerly Baker Tilly Ireland, on Tuesday. The analysis found that some 1,314 jobs have been saved through the process since 2021 but recommended the Government consider removing a Revenue opt-out from the scheme. The Scarp process, which has been used in the past year to aide companies such as Waterford's Blackwater Distillery and Scrumdiddly's , is a rescue mechanism for smaller Irish businesses. In effect, an examinership-light process. Established in December 2021, it is designed to facilitate simplified out-of-court debt restructuring for small businesses deemed to be viable at a lower cost and with less bureaucracy than the more familiar examinership scheme. READ MORE Under its present construction, Revenue can exclude tax debts from the scheme if it has concerns about the company, if it has a history of noncompliance. Azets said the Government should consider removing this opt-out at the start of the process, which it said was deterring some businesses from applying for the scheme. 'Notwithstanding the Revenue's positive engagement with the scheme, the ability to opt out is a deterrent to some business owners considering the process,' said Dessie Morrow, partner in advisory and restructuring at Azets Ireland. In a statement on Friday, Revenue said it 'remains a committed participant in the Scarp process'. 'Our opt‑out right is reserved strictly for cases involving non‑compliance, audits, or ongoing tax appeals,' Revenue said. Revenue clarified that it only exercises its opt-out right in two situations. Firstly, in cases in which it cannot quantify the company's debt due to; outstanding returns or other relevant information, an ongoing audit or intervention; or an active tax appeal. Or in cases in which company or its directors have a track record of poor compliance. Since the introduction of the process, of the 99 Scarp applications that have been made, Revenue exercised its op-out right in 19 cases. Revenue referred to commentary noting the opt-out mechanism could deter companies from entering the process but said the only reason a director might be discouraged by the opt-out would be the anticipation of legitimate concerns. 'Businesses that act early, engage openly, and address compliance issues will continue to find Revenue a willing and constructive partner in achieving a successful rescue,' it said.


Irish Independent
08-07-2025
- Irish Independent
Revenue veto ‘caps use of Scarp small business rescue scheme'
The latest Scarp Index from accountancy firm Azets, where Mr Morrow is a partner, shows construction, hospitality and alcohol producing sectors accounted for the highest proportion of businesses using the scheme so far this year. It also shows a 15pc increase in the number of businesses being restructured using the Scarp, compared to the first half last year, an increase that is consistent with higher numbers of insolvencies and other forms of distress. The latest index shows a total of 100 business have now used the Scarp process since scheme launched in 2021. Mr Morrow says 1,314 jobs have saved thanks to use of the rescue process. Scarp was introduced following lengthy consultation with industry as an alternative to the more expensive and lengthy examinership regime. The idea is to provide a simplified restructuring mechanism for viable small companies facing financial distress, with only a relatively light court involvement. A Scarp process is initiated by companies themselves and can begin without any court approval being required, helping to slash overall costs. The first step is the appointment of a specialist adviser – generally an accountant specialising in insolvency who must then notify creditors the process is under way and they have 50 days to come up with a rescue plan acceptable to the various affected parties. Including a 21-day cooling-off period, the process must be concluded within 70 days. Creditors who stand to lose under a rescue deal can object. Crucially however, state agencies including Revenue and the Department of Social Protection, can opt out of a Scarp arrangement, meaning even if a deal is done with other creditors and landlords, for example, a business may be left with what is regards as unsustainable tax debts including warehoused Covid era liabilities. Mr Morrow says Revenue has in practice been willing to engage with rescue efforts, but the risk it will not row in behind a scheme is a disincentive to businesses operators from attempting to restructure. 'The Revenue opt out does deter businesses,' he said. It is one of a number of issues identified by Azets following an analysis of the 100 Scarp cases. It is calling for the existing Revenue opt-out at the start of the process to be removed. It also argues the short time frame of the process can create resource constraints in particular for micro companies where an individual may be responsible for a number of areas within the business – everything from staffing the counter to bookkeeping. The proposed solution is to bring the process to a pre-populated form-filling stage as a first phase. Meanwhile, the Scarp Index for the first half of the year shows 15 processes have started to date in 2025: hospitality (20pc) accounted for the highest proportion of cases, followed by the construction (13pc) and alcohol producing (13pc) sectors, an indicator that uncertainty around trade tariffs may already be impacting the export orientated boutique spirits sector. Among the businesses to have successfully undergone Scarp with the support of Azets advisers this year are Big Mike's Restaurant in Blackrock and New Century Engineering.