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 protected claim (see COMP 5.2.1 R), for example a claim in connection with money held by an 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
A claimant's overall claim5 is the sum of the protected claims of the same category that he has against a relevant person (or, where applicable, a successor)7 in default, less the amount of any liability which the relevant person or successor, as appropriate,7 may set off against any of those claims (see COMP 10.2.2 G).
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.
8The 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, 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: