Liverpool's former owners Tom Hicks and George Gillett are still seeking damages from the club's present owners, former directors and the Royal Bank of Scotland, almost one year after New England Sports Ventures gained control of the Anfield club in the high court.

Hicks and Gillett lost control of Liverpool last October when NESV, now Fenway Sports Group, repaid a £237m loan the American businessmen had taken out with RBS and the US bank Wells Fargo. Hicks claimed he was the victim of an "epic swindle" but his appeal to have a $1bn damages claim heard in the US was dismissed at the high court in February.

Mr Justice Floyd's ruling, however, permitted Hicks to sue for damages in this country and Liverpool's former owners have served notice of their intention to proceed by filing papers to that effect. Hicks and Gillett are claiming hundreds of millions in damages from the RBS, NESV and former directors, believed to be Martin Broughton and Christian Purslow.

Hicks tried and failed to remove Purslow and Ian Ayre, who has since succeeded Purslow as the managing director at Liverpool, from the club's board during his desperate attempts to retain control but was ultimately thwarted in the high court. The Americans' latest legal challenge could take several months to come to court.

Kenny Dalglish, meanwhile, has said Saturday's Merseyside derby will have no influence on when he decides to hand Steven Gerrard a first start since March. The Liverpool captain has made two brief substitute appearances following his recovery from groin surgery but is not expected to start at Goodison Park. "The game is not the important thing – Steven Gerrard is the most important," Dalglish said.

The Liverpool manager also revealed that Daniel Agger is ahead of schedule in his return from a fractured rib suffered in the defeat at Tottenham Hotspur less than two weeks ago. Both Agger and Glen Johnson, who is recovering from his second hamstring injury of the season, have taken part in light training this week although the Dane is unlikely to feature at Goodison.