Podcast Location:
Download it here [file size: 36.2 MB]
Categories:
Insolvency & Restructuring
Commercial Property
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at commercial property practitioners and those interested in security, restructuring and insolvency. It aims to explore the role of an LPA receiver, how they come to be appointed and their tasks and duties once in office The podcast addresses the key differences between the use of a receiver as against an administrator.

Outcomes:
After completing the course you will:
  • Understand the role of an LPA receiver;
  • Understand the circumstances in which a receiver comes to be appointed;
  • Understand why an LPA receiver may be attractive for a secured creditor;
  • Understand the likely steps leading up to a decision to enforce the secured debt against the property;
  • Know what items of information a secured creditor will need before deciding whether to appoint an LPA receiver;
  • Know what alternatives to LPA receivership might it be worth exploring;
  • Know how the role and duties of an LPA receiver differ from an administrator;
  • Understand the preliminary steps in the enforcement of a charge against the borrower;
  • Understand the importance of perfection of the charge in order to enforce against a corporate debtor;
  • Know what powers a receiver will ideally have;
  • Understand how the receiver will be remunerated;
  • Understand the ongoing relationship between the receiver and the borrower;
  • Understand what issues an LPA receiver may encounter after taking control of the property;
  • Understand whether there is any substantive difference between a sale by a receiver and a sale by a mortgagee in possession;
  • Know what issues arise when valuing a property that is controlled by a receiver.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Sources and References:
  • Law of Property Act s100-109;
  • Gomba Holdings Ltd & Ors v Minories Finance Ltd & Ors [1992] 4 All ER 588;
  • Silven Properties Ltd. & Anor v Royal Bank of Scotland Plc & Ors [2003] EWCA Civ 1409;
  • Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch).
Tags:

This podcast with specialist commercial property and insolvency practitioner reviews the role and duties of an LPA receiver and their appropriateness as a tool by which creditors can enforce their security against a borrower.

Podcast added: 26/04/2012

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