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NLJ this week: Insolvency practitioners—mind the regulatory gap

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

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
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The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
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