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30 October 2024
Issue: 8092 / Categories: Legal News , Consumer , Commercial , Financial services litigation
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Car dealerships kept quiet about commissions

Buyers of cars have a right to know about, and must give consent to, any commission arrangements between their finance lender and car dealer, the Court of Appeal has held

Ruling in three conjoined cases, Johnson v Firstrand Bank (London branch) t/a Motonovo Finance [2024] EWCA Civ 1282, the court found car dealers have a fiduciary duty when arranging finance, and must be upfront about any commission. It held dealers did not satisfy this duty by hiding information about commissions in small print in terms and conditions appended to the finance agreement. Consequently, the lender was liable for the repayment of the commission in all three cases.

Handing down their judgment last week, Lady Justice Andrews and Lords Justice Birss and Edis said: ‘The dealer is acting as a seller of the cars, and also as a credit broker.

‘A credit broker offers services to help people to find credit by considering the market (or a particular section of the market) and introducing them to a potential lender who can offer them a deal which is suitable for their requirements. There is no hint in the evidence in any of these cases that the consumers concerned were aware of this.’

Kavon Hussain, principal of Consumer Rights Solicitors, which acted for two of the appellants, said: ‘This Court of Appeal judgment is going to affect every lender in the market, including Lloyds Black Horse, VW Finance, BMW, Stellantis, Mercedes, and Barclays Clydesdale.

‘We already have a substantial number of clients with claims waiting to go. This decision is a huge step towards those clients being repaid these hidden commissions.’ The firm believes the figure owed to consumers could be as high as £42bn. 

In 2021, the Financial Conduct Authority banned lenders from allowing car dealers to set the rates charged to customers on credit agreements. 

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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