These are challenging times for licensed insolvency professionals; complaints in or about the administration of insolvent estates are as likely to end with the professional’s regulatory professional body(“RPB” ) as with the court. With creditors and debtors able to assert interest in the making of complaints, let alone successor office holders, we at Edwin Coe have a team of partners and assistants able to advise and act where complaints arise.
Having sat on RPB disciplinary committees, and recently having appeared in what is thought to have been the most costly, and closely fought disciplinary matter in recent memory, the team understands the objectives of both complainant and professional, within a professional arena that draws from but is not of the court system and practice.
In managing any regulatory matter, the team understands that there not only has to be close scrutiny of the particular professional conduct guide of the relevant RPB, the process by which the matter is evaluated, and indeed the composition and practice of any tribunal eventually convened but, also, of the underlying context in which the office holder has had to operate; what was required by the insolvency Act 1986, how did the insolvency rules and any statement of insolvency practice interact, and what duties were in fact owed by the office holder in the situation described to the RPB.
With the costs element of a professional complaint often a significant element of itself, and the question of insurance perhaps key to the question of how to respond, when a matter of professional competence arises, there is often a need to act early and decisively. In this event, do not hesitate to contact us and we will be pleased to arrange early representation.
Simeon Gilchrist thinks of ideas all the time and is highly approachable.
Chambers UK 2014
Team head Ali Zaidi at Edwin Coe LLP is thorough and tenacious.
Legal 500 2013