Where a liability of a relevant person (or, where applicable, a successor)7 to an eligible claimant could fall within more than one type of claim protected by the compensation scheme whether under the rules of the FCA8 (see COMP 5.2.1 R) or of the PRA8, for example a claim in connection with money held by a8 MiFID investment firm2 that is also a credit institution, the FSCS should seek to ensure that the claimant does not receive any further compensation payment from the FSCS in cases where the claimant has already received compensation from the FSCS in respect of that claim.2
If the claimant has an ICD claim against a pre-exit incoming EEA firm which is a MiFID investment firm9 or, where applicable, a successor of such a firm, and the act or omission giving rise to the ICD claim arose before IP completion day10, the FSCS must take account of the liability of the EEA State compensation scheme in calculating the compensation payable by the FSCS. For the purposes of applying this rule, “ICD claim” and “MiFID investment firm” have the meaning they had immediately before IP completion day109.577
a court of competent jurisdiction;
a trustee in bankruptcy;
any other recognised insolvency practitioner;
and on the certification of any net sum due which is made in default proceedings of any exchange or clearing house.
11The FSCS must take into account any payments to the claimant (including amounts recovered by the FSCS on behalf of the claimant) made by the relevant person (or, where applicable, a successor)7 or the FSCS or any other person, including any payment made by the FSCS under the PRA’s rules,8 if that payment is connected with the relevant person's (or, where applicable, a successor's)7 liability to the claimant in calculating the claimant's overall claim.
6The FSCS may pay compensation without fully or at all investigating the eligibility of the claimant and/or the validity and/or amount of the claim notwithstanding any provision in this sourcebook or FEES 6 to the contrary, if in the opinion of the FSCS: