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25 March 2010 / Graham Waller
Issue: 7410 / Categories: Features , Property
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Less pain, more gain

Graham Waller believes 2010 will be a busy year for bespoke insurance

If figures quoted recently in the broadsheets are to be believed, circa £112bn of commercial property loans are due for renewal every year for the next three years, and it is anticipated that approximately 40% of these are under water in their debt to equity ratios. It seems likely, therefore, that 2010 is going to be a busy year for professionals involved in insolvency.

The process of selling distressed property assets is replete with challenges.Typically, receivers and administrators are expected to: preserve asset value (or better still enhance it); deliver maximum return; mitigate risk and meet all legal requirements; and complete everything as fast as possible. Added to these challenges are technical considerations such as the lack of title reps and warranties, which can seriously undermine the saleability and price of distressed properties. Similarly, a quick sale is usually important in retaining value. Any issues raised during due diligence will often lead to costly “price chip” negotiations.

Title insurance can cover

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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