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Ash, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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How does one issue a protective writ for money over £ 3 million

Customer Question

How does one issue a protective writ for money over £ 3 million in the uk supreme court and issue a stay until one is ready to claim with full particulars. This to protect against the expirory statute of limitation.

Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Could you please explain the situation a little more?

Customer: replied 2 years ago.

I and my ltd company have issues with RBS bank as a result of misselling of Derivertives FCA have instructed the bank to conduct a review of my situation. This review of the misselling has been completed in October 2013, but the bank has been dragging its heal to decide on the outcome or make an offer. I have been battling the bank since July 2010 to sortr this matter! The derivertives were taken inJuly 2006 and March 2008. The 6 year statute of Limitation is round the corner and I will like protect my position with the bank as I cnnot trust them any more! Hence my need to issue a protective writ for over £ 3 million plus conseqential losses with the High court or the appropriate court in order that Icould commence proceedings through lawyers later if the bank review / outcome is not in my best intereast, hence my question to you. You can see that I cannot rate your service yet, as you have not yet not provided the information I originally required from you.


I await your satifactory unswer ASAP.



Expert:  Ash replied 2 years ago.
I see. Yes you can issue but you need to do that 6 years less one day. For example if the incident happened on 30th January 2008 then you would need to issue by 29th January 2014.

However what you can do is issue the claim, but not serve it. You can issue a claim without the Particulars of Claim.

But you need to know that you need to serve proceedings within 4 months of them being issued.

You are able to apply to the Court for an extension in relation to this.

So yes you can issue the claim and not serve for 4 months.

Can I clarify anything for you about this today please?


Customer: replied 2 years ago.

You have not provided full details yet where which court to make and where it is situated. What type of form. Does one have to provide full particulars when the writ is issued or whether full particulars can be issued later. do need a lawyer to lodge the writ intially. etc. Please provide a fuller information. I still believe you have not provided me full information to my question



Expert:  Ash replied 2 years ago.
You need to complete form N1 which is available here:

You can submit this to any County Court or High Court. There are many County Courts and you would be better of initially issuing this there.

You do not need to issue with full particulars only the claim form needs to be issued. Particulars can be issued later.

You do not need a lawyer.

Does this help you Anthony?


Customer: replied 2 years ago.

Sorry, I have still not got a v complete unswer. Where is here!you state. Can all courts handle such a level of litigation and a large claim. What is the appropriate court for my level of claim. How much is the cost for issuing the form NI. Can you claim damages and legal costs? If there are more than one such as RBS and /or Natwest and / or RBS Global Market involved, due you have to issue the writ against them separately or can it be done as one in one Form NI only ?




Expert:  Ash replied 2 years ago.
1) Here is the website address:

2) The County Court have nationwide Courts.

Any County Court can accept this.

3) Yes you can claim damages and legal costs

4) You issue the proceedings with you as claimant and the banks as each named defendant for example:

1st Defendant - RBS
2nd Defendant - HSBC

You do it as ONE claim

Does this clarify the answer for you?


Expert:  Ash replied 2 years ago.
One thing to add:

The issue fee for the claim is £1670.

Customer: replied 2 years ago.

Before I finalise matter, How do I copy your replies for my record and file. Can I email it to my bankinking consultant, if so how.







Expert:  Ash replied 2 years ago.
Hello Anthony - I am an expert on the site, I do not have access to other parts of the system.

You can come back to this question at any time or you can copy and paste it if you wish.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help:

Customer: replied 2 years ago.

I had failed to findout from you in connection with this matter, whether one can agree a 'standstill agreement' with the bank to negate the statue of limiation be enforced by them. if so, is it still advisable to issue a writ even if an agreement is possible, to avoid going ove the r time limit.




Antony XXXXX

Expert:  Ash replied 2 years ago.
You can issue proceedings and then not pursue it. But you must issue before limitation otherwise you will be out of time and they will have an absolute defence. Therefore you can issue proceedings, serve them and the bank can agree a stay.

But you must issue to stop the limitation clock.

I hope this clarifies.


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