Will Quindell PLC Legal Claim Be The First Of Many?

Are the legal floodgates opening for Quindell PLC (LON: QPP)?

The content of this article was relevant at the time of publishing. Circumstances change continuously and caution should therefore be exercised when relying upon any content contained within this article.

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More.

RISK WARNING: should you invest, the value of your investment may rise or fall and your capital is at risk. Before investing, your individual circumstances should be assessed. Consider taking independent financial advice. The Motley Fool believes in building wealth through long-term investing and so we do not promote or encourage high-risk activities including day trading, CFDs, spread betting, cryptocurrencies, and forex. Where we promote an affiliate partner’s brokerage products, these are focused on the trading of readily releasable securities.

Soon after insurer Quindell (LSE: QPP) revealed the true state of its accounts for the past few years, including the restatement of 2013’s original after-tax profit of £83m as a loss of £68m, the question of possible legal action by damaged parties was raised — and the launching of an investigation by the Serious Fraud Office added impetus. Were shareholders illegally misled and did they suffer material harm as a result? If so, the damages could be serious.

This week it seems the first of such claims has been kicked off, after Quindell informed us that it has received a “Notice of Intended Claim” from a law firm that apparently intends to commence an action on behalf of a group of claimants under the Financial Services and Markets Act 2000.

The first £18m?

The law firm in question, Your Legal Friend, estimates the value of any such claim as up to £9m before costs, and has also indicated that it has been approached by a second group. The firm has not yet been retained for the second claim, but it’s estimated at a similar value.

In themselves, should claims totalling £18m prove successful, and even after any costs are added on, it would still be a sum that could be comfortably covered by the £535m that Quindell has in cash after selling most of its business to Slater & Gordon for £673m. But as Quindell itself admits, “there can be no guarantee that other claims will not be made“.

In fact, I’d expect just about every investor who trusted ex-chairman Rob Terry and invested in Quindell before the share price collapsed (and before Terry sold his shares while publicly claiming he was buying), to be watching this very carefully, with the phone number of Your Legal Friend already on speed-dial and their thumb hovering over the button.

What about the cash?

In the meantime, the latest action raises yet another big question about Quindell’s stated intention to return at least £500m to shareholders. Such a payment would need the approval of the courts, and Quindell (along with some of its more vocal supporters) seems to have assumed that’s merely a formality.

Quindell itself has said that the latest news does not “adversely impact [its] previously announced intentions regarding a capital return“. But a lack of impact to Quindell’s intentions is not worth the hot air it was spoken with. What counts is whether any legal claims will impact its ability to carry out those intentions — and the courts will surely take that into account.

I reckon that shareholders banking on getting their money need to do some serious thinking. Quindell shares are currently valued at 97.25p. In my view, loss-making subsidiaries Himex and Ingenie are worth less than zero, with the rest of the rump Quindell accounting for very little value if anything.

Not with a bargepole

To my mind, that cash pile is the only thing of value that Quindell has, and if that starts being eroded by legal claims, well… there would surely only be one outcome.

RISK WARNING: should you invest, the value of your investment may rise or fall and your capital is at risk. Before investing, your individual circumstances should be assessed. Consider taking independent financial advice. The Motley Fool believes in building wealth through long-term investing and so we do not promote or encourage high-risk activities including day trading, CFDs, spread betting, cryptocurrencies, and forex. Where we promote an affiliate partner’s brokerage products, these are focused on the trading of readily releasable securities.

Alan Oscroft has no position in any shares mentioned. The Motley Fool UK has no position in any of the shares mentioned. We Fools don't all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors.

More on Investing Articles

Investing Articles

Publish Test

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut…

Read more »

Investing Articles

JP P-Press Update Test

Read more »

Investing Articles

JP Test as Author

Test content.

Read more »

Investing Articles

KM Test Post 2

Read more »

Investing Articles

JP Test PP Status

Test content. Test headline

Read more »

Investing Articles

KM Test Post

This is my content.

Read more »

Investing Articles

JP Tag Test

Read more »

Investing Articles

Testing testing one two three

Sample paragraph here, testing, test duplicate

Read more »