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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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