header-logo header-logo

01 August 2025
Issue: 8127 / Categories: Legal News , Financial services litigation , Insolvency , Regulatory , Compliance
printer mail-detail

NLJ this week: Insolvency practitioners—mind the regulatory gap

226818
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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll