The Appointed Representatives Regime: reforms, liability and agency

29/11/2023 | Online Zoom Conferencing

Join us for this Market Briefing covering an overview of the Appointed Representatives regime, the FCAs 2022 reforms, multiple principals, and liability considerations at common law and under FSMA.

Learning Objectives

At the end of this session, delegates will be able to:

  • Explain the context and give an overview of the Appointed Representatives Regime.
  • Summarise the FCA’s 2022 reforms to the Appointed Representatives Regime, the drivers for the changes and the risks and issues which arise for ARs and their principals.
  • Outline the issues arising for AR arrangements involving multiple principals.
  • Describe the liability considerations which arise in the AR context, how ARs engage the liability of their principals at common law and under FSMA, what ARs and principals can do to limit exposures, and the risks of dealing with unregulated introducers.
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About the Presenters

Tom White and Rob Crossingham are partners in Clyde & Co’s London professional and commercial disputes team, with extensive experience in professional liability matters within the FCA-regulated space.

Tom White

Tom’s practice focuses principally on commercial litigation and professional liability disputes arising in the property, construction and IT sectors.

He has experience of handling a wide range of solicitors’ liability disputes for a variety of firms, large and small, and their insurers arising out of real estate transactions and the drafting of property documents, among other things.

Tom advises a number of the country’s largest firms of property professionals on risk management and professional liability issues, including in particular advising on high value property valuation claims. Tom also has a growing practice in the IT sector, where he advises IT consultants and their insurers on errors and omissions disputes.

In addition, Tom handles a range of disputes outside the insurance sectors including matters relating to commercial or high value residential real estate, financial service disputes and regulatory matters, shareholder disputes and partnership disputes.

Tom also co-authored the Pre-Action Protocol for Professional Negligence.

Click here for Tom’s full profile

Rob Crossingham

Rob is a partner in the London office of Clyde & Co. He specialises in defending claims against professionals, particularly those involving financial or property-related matters, and advising insurers on related coverage issues. During his career, Rob has acted for a wide range of different professions, including architects, engineers, surveyors/valuers, solicitors, IT and media professionals, auctioneers, accountants, financial intermediaries, SIPP administrators and fund managers. He has extensive experience in litigation, arbitration, adjudication and in dealing with complaints before the Financial Ombudsman Service. He has also represented professionals in disciplinary proceedings before the ACCA, ARB and others. 

Rob is a member of The Law Society Professional Indemnity Insurance Committee, and sits on the disciplinary panel of the Royal Institute of British Architects. He is also a trained mediator. Rob is a key member of the firm’s MGA sector team, and has been heavily involved in the delivery of Clyde & Co’s professional indemnity market reports. 

Rob has been consistently ranked by Legal 500 for insurance/reinsurance disputes, professional liability and professional disciplinary. He is described as “dynamic, thoughtful, hard-working and client-orientated” and being “a reassuring, calm and brilliant presence on matters.”

Click here for Rob’s full profile