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August 2, 2025
On 1 August 2025, the Supreme Court handed down its long-awaited decision in Johnson v FirstRand, bringing much-needed clarity to the legal landscape surrounding motor finance commission claims. The judgment addressed whether car dealers owed fiduciary duties to customers, the role of undisclosed commissions, and the relevance of the unfair relationship provisions under the Consumer Credit Act. While the Court closed the door on certain common law claims, it left open a narrower pathway for redress in specific circumstances. This blog explores the key findings, their implications for consumers and lenders, and what may lie ahead for the motor finance industry.
June 18, 2025
The anticipated Supreme Court judgment in Johnson v FirstRand Bank Limited, Wrench v FirstRand Bank Limited and Hopcroft & Another v Close Brothers Limited (“Johnson”), expected in July 2025, will address pivotal questions regarding broker and lender liability in motor finance commission cases. The appeals of Johnson & Others concern the disclosure of commission payments to car dealers and their disclosure to customers. The decision has the potential to significantly influence any future redress scheme, with the Financial Conduct Authority (FCA) expected to announce its position within six weeks of the ruling.
November 15, 2023
On 15 November 2023 the Supreme Court (SC) has handed down Judgment in Canada Square Operations Ltd v Potter [2023] UKSC 41. This Judgment is a landmark, pro-consumer decision which signals to financial services operators that the deliberate concealment of wrongdoing will not be tolerated by the Country’s highest court. In this article, we explain the issues, how the SC reached its decision and what it means practically going forwards.
November 3, 2022
The Court of Appeal has handed down judgement in favour of a lender in a case regarding the time limits for bringing a payment protection insurance (PPI) claim. How will this impact the huge number of PPI claims currently going through the Courts?
November 3, 2022
Brokers receive commission from the energy companies for customer introductions, and these commissions are usually added onto a customer’s monthly bill – but customers are rarely, if ever, aware that this is the price of doing business with brokers.
November 3, 2022
New court ruling could mean consumers can have an extension to the time period for a PPI claim: the clock could now start from the date of discovery of a deliberate concealment of commission, as in this case.
November 2, 2022
Lenders beware: a fiduciary relationship is not required where there is undisclosed ‘secret’ commission. Appeals against Business Mortgage Finance 4 PLC and Commercial First Business Limited dismissed, lowering the bar on commission claims.
