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01 August 2025
Issue: 8127 / Categories: Legal News , Financial services litigation , Insolvency , Regulatory , Compliance
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NLJ this week: Insolvency practitioners—mind the regulatory gap

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Dan Moore, Richard Ellis and Jack Sears of Charles Russell Speechlys offer a vital guide for insolvency practitioners (IPs) navigating the UK’s financial services regulatory maze, in this week's NLJ

While IPs are generally excluded from needing FCA authorisation under Art 72H of the Regulated Activities Order 2001, the authors warn that this exclusion is narrow and fact-specific. Missteps—such as acting outside formal appointment or misunderstanding the scope of regulated activities—can trigger criminal liability under the Financial Services and Markets Act 2000.

The article also highlights the importance of regulator consent when IPs are appointed over FCA-regulated firms, and the need to comply with client asset rules and conduct standards. A recent tribunal decision, Promethean Finance, underscores that exclusions are not blanket permissions.

The message is clear: IPs must tread carefully, seek legal advice when in doubt, and maintain open communication with regulators to avoid regulatory pitfalls.

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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