FINAL NOTICE

INJURY 4U LTD
Unit 2, Newhall Place
16-17 Newhall Hill
Birmingham
West Midlands
B1 3JH

ACTION

1.
By an application dated 31 July 2019 (“the Application”) INJURY 4U LTD (“INJURY 4U”)
applied under section 55A of the Act for Part 4A permission to carry on the regulated
activities of:

a. agreeing to carry on a regulated activity;

b. advice, investigation or representation in relation to a personal injury claim.

2.
The Application is incomplete.

3.
For the reasons listed below, the Authority has refused the Application.

SUMMARY OF REASONS

4.
By its Warning Notice dated 6 August 2020, the Authority gave notice that it proposed to
refuse the Application and that INJURY 4U was entitled to make representations to the
Authority about that proposed action.

5. As no representations had been received by the Authority from INJURY 4U within the time
allowed by the Warning Notice, the default procedures in paragraph 2.3.2 of the
Authority’s Decision Procedure and Penalties Manual apply, permitting the Authority to
treat the matters referred to in its Warning Notice as undisputed and, accordingly, to give
a Decision Notice.

6. By its Decision Notice dated 8 October 2020, the Authority gave INJURY 4U notice that it
had decided to take the action described above.

7. INJURY 4U had 28 days from the date the Decision notice was given to refer the matter
to the Upper Tribunal (formerly known as the Financial Services and Markets Tribunal).
No referral was made to the Upper Tribunal within this period of time or to date.

8. Under section 390 (1) of the Act, the Authority, having decided to refuse the Application
and there having been no reference of that decision to the Tribunal, must give INJURY
4U Final Notice of its refusal.

9.
The Authority has decided to refuse the Application and to give this Final Notice as INJURY
4U has failed to provide the information required by the Authority and, in the absence of
the information sought, the Authority cannot ensure that INJURY 4U will satisfy, and
continue to satisfy, the threshold conditions set out in Schedule 6 of the Act.

10. INJURY 4U failed to respond to at least six separate requests for the provision of
information considered by the Authority to be necessary to allow the Application to be
determined. These requests were made over a four-week period and included a statement
to the effect that INJURY 4U must contact the Authority, or the Authority would
recommend to the Authority’s Regulatory Transactions Committee that INJURY 4U
receive a warning notice.

11. The Authority has therefore determined the Application based upon the information
received to date, in circumstances where its requests for information have not been met.
Having reviewed that information, the Authority cannot ensure that INJURY 4U satisfies,
and will continue to satisfy, the threshold conditions for which the Authority is
responsible.

12. Authorised firms (and those seeking authorisation) are expected to engage with the
Authority in an open and cooperative way. The failure to provide the requested
information raises concerns that INJURY 4U would fail to do so if the Application were to
be granted.

13. The failure to provide the information raises concerns as to whether that INJURY 4U:

a.
can be effectively supervised by the Authority as required by Threshold Condition
2C

b.
has appropriate human resources, given INJURY 4U’s failure to provide the
Authority with the requested information as required by Threshold Condition 2D;
and

c.
will conduct its business with integrity and in compliance with proper standards
as required by Threshold Condition 2E.

DEFINITIONS

14. The definitions below are used in this Final Notice.

“the Act” means the Financial Services and Markets Act 2000;

“the Application” means the application referred to above;

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice dated 8 October 2020 given to INJURY
4U by the Authority;

“the Outstanding Information” means the information referred to below;

“the RTC” means the Authority’s Regulatory Transactions Committee;

“SUP” means the Supervision section of the Authority’s handbook;

“SYSC” means the Senior Management Arrangements, Systems and Controls section of the
Authority’s handbook;

“the Tribunal” means the Upper Tribunal (Tax & Chancery Chamber); and

“the Warning Notice” means the warning notice dated 6 August 2020 given to INJURY 4U
by the Authority.

FACTS AND MATTERS

15. The Application was received by the Authority on 31 July 2019.

16. Further information was requested from INJURY 4U under section 55U(5) of the Act.

17. Details of all the communications between the Authority and INJURY 4U are set out
below:

18. Between 11 September 2019 and 14 July 2020, the Authority sent INJURY 4U six emails,
three letters and made two phone calls to elicit information from INJURY 4U that would
assist Authorisations in determining the Application.

19. On 11 September 2019, the Authority sent an email to INJURY 4U requesting that INJURY
4U provide the following information in support of the Application by 27 September 2019:

i.
Opening balance sheet

ii.
Closing balance sheet

iii.
Projected monthly cash flow

iv.
Projected monthly profit and loss

v.
Latest end of year accounts

vi.
Organisational Structure Chart

vii.
Compliance monitoring document

viii.
TIF form - Page 21 requires a signature

20. On 24 September 2019, INJURY 4U sent an email to the Authority and provided a
partial response to the information requested and, also requested an extension of one
week in which to provide a further response to the Authority’s request for further
information.

21. On 26 September 2019, the Authority sent an email to INJURY 4U requesting that INJURY
4U provide the Outstanding Information in support of the Application by 30 September
2019.

22. On 30 September 2019, INJURY 4U, sent an email to the Authority requesting clarity as
to what information it needed to provide as a newly created firm and, stated that all
requested information had previously been provided.

23. On 3 October 2019, the Authority sent an email to INJURY 4U requesting that INJURY 4U
provide the Outstanding Information in support of the Application so that the application
could be considered complete.

24. On 3 October 2019, INJURY 4U sent an email to the FCA stating it was in the process of
collating the Outstanding Information and will be in a position to provide the Authority’s
request for further information.

25. On 4 November 2019, having not received any further correspondence, the Authority
sent a letter to INJURY 4U by recorded delivery and email, noting that the information
requested on 11 September 2019 had not been provided, and requesting a response by
18 November 2019. INJURY 4U was informed that a failure to provide the information
would result in the Application being determined based upon the information received to
date and that this might result in a recommendation to the RTC that it issue INJURY 4U
with a warning notice proposing to refuse the Application. A notice from the Royal Mail
returning the letter to the FCA as undelivered was received on 19 November 2019.

26. On 14 November 2019, INJURY 4U sent an email to the FCA and provided a partial
response to the Authority’s request for further information.

27. On 19 November 2019, the Authority sent a second letter to INJURY 4U by recorded
delivery and email noting that the Outstanding Information previously requested had not
been provided, and requesting a response by 4 December 2019. INJURY 4U was informed
that a failure to provide the information would result in the Application being determined
based upon the information received to date and that this might result in a
recommendation to the RTC that it issue INJURY 4U with a warning notice proposing to
refuse the Application. A notice from the Royal Mail returning the letter to the FCA as
undelivered was received on 27 November 2019. On 5 December 2019, the Authority
contacted the Estate agent managing the Injury 4U Ltd.’s registered business address
and was informed that that Unit 2 Newhall Place is let by the estate agent however the
current tenant occupying the premises is not Injury 4U Ltd. Therefore, the business
address provided by Injury 4U Ltd appears to be incorrect.

28. On 5 December 2019, having received no further correspondence, the Authority sent a
further letter to INJURY 4U by recorded delivery and email, noting that the Outstanding
Information previously requested had not been provided, and requesting a response by
19 December 2019. INJURY 4U was informed that a failure to provide the information
would result in the Application being determined based upon the information received to
date and that this might result in a recommendation to the RTC that it issue INJURY 4U
with a warning notice proposing to refuse the Application. The letter was returned to the
Authority on 11 December 2020 with a reference note from Royal Mail stating the letter
was undelivered as the addressee was unknown.

29. As a result of the first two letters being undelivered, the case officer made enquiries of
the letting agents for property stated in the application form as INJURY 4U’s address and
confirmed by the details held at Companies House. The letting agent confirmed that
INJURY 4U was not listed as the tenant for the address given in the application form.

30. On 23 January 2020, the Authority attempted to call INJURY 4U on the telephone number
it provided but there was no response and, therefore the Authority left a message on the
firm’s Voicemail facilities.

31. On 14 July 2020, the Authority attempted to call INJURY 4U on the telephone number it
provided but there was no response and, therefore the Authority left a message on the
firm’s Voicemail facilities.

IMPACT ON THRESHOLD CONDITIONS

32. The regulatory provisions relevant to this Final Notice are referred to in Annex A.

33. INJURY 4U failed to respond to at least six separate requests for the provision of
information considered by the Authority to be necessary to allow the Application to be
determined. These requests were made over a four-week period and included a statement
to the effect that INJURY 4U must contact the Authority, or the Authority would
recommend to the Authority’s Regulatory Transactions Committee that INJURY 4U
receive a warning notice.

34. The Authority has therefore determined the Application based upon the information
received to date, in circumstances where its requests for information have not been met.
Having reviewed that information, the Authority cannot ensure that INJURY 4U satisfies,
and will continue to satisfy, the Threshold Conditions.

35. Authorised firms (and those seeking authorisation) are expected to engage with the
Authority in an open and cooperative way. The failure to provide the requested
information raises concerns that INJURY 4U would fail to do so if the Application were to
be granted.

36. The failure to provide the information raises concerns as to whether that INJURY 4U:

a. can be effectively supervised by the Authority as required by Threshold Condition
2C;

b. has appropriate human resources, given INJURY 4U’s failure to provide the
Authority with the requested information as required by Threshold Condition 2D;
and

c. will conduct its business with integrity and in compliance with proper standards
as required by Threshold Condition 2E.

IMPORTANT NOTICES

37. This Final Notice is given under section 390 (1) of the Act.

38. Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of information
about the matter to which this Notice relates. Under those provisions, the Authority must
publish such information about the matter to which this Notice relates as the Authority
considers appropriate.
The information may be published in such manner as the

Authority considers appropriate. However, the Authority may not publish information if
such publication would, in the opinion of the Authority, be unfair to you or prejudicial to
the interests of consumers or detrimental to the stability of the UK financial system.

39. The Authority intends to publish such information about the matter to which this Final
Notice relates as it considers appropriate.

Authority contacts

40. For more information concerning this matter generally, contact Tina Archer, Manager,
Claims Management Companies Department at the Authority (direct line: 020 7066 9188/
email: Tina.Archer@fca.org.uk).

Emma Krygier
on behalf of the Regulatory Transactions Committee

ANNEX A – REGULATORY PROVISIONS RELEVANT TO THIS FINAL NOTICE

1.
Section 55A(1) of the Act provides for an application for permission to carry on one or
more regulated activities to be made to the appropriate regulator. Section 55A(2) defines
the “appropriate regulator” for different applications.

2.
Section 55B(3) of the Act provides that, in giving or varying permission, imposing or
varying a requirement, or giving consent, under any provision of Part 4A of the Act, each
regulator must ensure that the person concerned will satisfy, and continue to satisfy, in
relation to all of the regulated activities for which the person has or will have permission,
the threshold conditions for which that regulator is responsible.

3.
The threshold conditions are set out in schedule 6 of the Act. In brief, the threshold
conditions relate to:

(1)
Threshold condition 2B: Location of offices

(2)
Threshold condition 2C: Effective supervision

(3)
Threshold condition 2D: Appropriate resources

(4)
Threshold condition 2E: Suitability

(5)
Threshold condition 2F: Business model

Relevant provisions of the Authority’s Handbook

4.
In exercising its powers in relation to the granting of a Part 4A permission, the Authority
must have regard to guidance published in the Authority Handbook, including the part
titled Threshold Conditions (“COND”). The main considerations in relation to the action
specified are set out below.

5.
COND 1.3.2G(2) states that, in relation to threshold conditions 2D to 2F, the Authority
will consider whether a firm is ready, willing and organised to comply on a continuing
basis with the requirements and standards under the regulatory system which will apply
to the firm if it is granted Part 4A permission.

6.
COND 1.3.3AG provides that, in determining the weight to be given to any relevant
matter, the Authority will consider its significance in relation to the regulated activities
for which the firm has, or will have, permission in the context of its ability to supervise
the firm adequately, having regard to the Authority’s statutory objectives. In this context,
a series of matters may be significant when taken together, even though each of them
in isolation might not give serious cause for concern.

7.
COND 1.3.3BG provides that, in determining whether the firm will satisfy, and continue
to satisfy, the Authority threshold conditions, the Authority will have regard to all relevant
matters, whether arising in the United Kingdom or elsewhere.

Threshold Condition 2C: Effective Supervision

8.
COND 2.3.3G states that, in assessing the threshold condition set out in paragraph 2C of
Schedule 6 to the Act, factors which the Authority will take into consideration include,
among other things, whether it is likely that the Authority will receive adequate
information from the firm to determine whether it is complying with the requirements
and standards under the regulatory system for which the Authority is responsible and to
identify and assess the impact on its statutory objectives; this will include consideration
of whether the firm is ready, willing and organised to comply with Principle 11 (Relations
with regulators) and the rules in SUP on the provision of information to the Authority.

Threshold condition 2D: Appropriate Resources

9.
COND 2.4.2G(2) states that the Authority will interpret the term 'appropriate' as meaning
sufficient in terms of quantity, quality and availability, and 'resources' as including all
financial resources (though only in the case of firms not carrying on, or seeking to carry
on, a PRA-regulated activity), non-financial resources and means of managing its
resources; for example, capital, provisions against liabilities, holdings of or access to cash
and other liquid assets, human resources and effective means by which to manage risks.

10. COND 2.4.2G(2A) provides that ‘non-financial resources’ of the firm include human
resources it has available.

11. COND 2.4.2G(3) states that high level systems and control requirements are in SYSC.
The Authority will consider whether the firm is ready, willing and organised to comply
with these and other applicable systems and controls requirements when assessing if it
has appropriate non-financial resources for the purpose of the threshold conditions set
out in threshold condition 2D.

Threshold condition 2E: Suitability

12. COND 2.5.2G(2) states that the Authority will also take into consideration anything that
could influence a firm's continuing ability to satisfy the threshold conditions set out in
paragraphs 2E and 3D of Schedule 6 to the Act. Examples include the firm's position
within a UK or international group, information provided by overseas regulators about
the firm, and the firm's plans to seek to vary its Part 4A permission to carry on additional
regulated activities once it has been granted that permission.

13. COND 2.5.4G(2)(a) states that examples of the kind of general considerations to which
the Authority may have regard when assessing whether a firm will satisfy, and continue
to satisfy, threshold condition 2E include, but are not limited to, whether the firm can
demonstrate that it conducts, or will conduct, its business with integrity and in compliance
with proper standards.]

14. COND 2.5.6G provides that examples of the kind of particular considerations to which the
Authority may have regard when assessing whether a firm will satisfy, and continue to
satisfy, this threshold condition include, but are not limited to, whether the firm has been
open and co-operative in all its dealings with the Authority and any other regulatory body
(see Principle 11 (Relations with regulators)) and is ready, willing and organised to
comply with the requirements and standards under the regulatory system (such as the
detailed requirements of SYSC and, in relation to a firm not carrying on, or seeking to
carry on, a PRA-regulated activity only, the Prudential Standards part of the Authority’s
Handbook) in addition to other legal, regulatory and professional obligations; the relevant
requirements and standards will depend on the circumstances of each case, including the
regulated activities which the firm has permission, or is seeking permission, to carry on.