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04 April 2025 / Fred Philpott
Issue: 8111 / Categories: Opinion , Consumer , Commercial
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Commissions: what’s in a name?

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The Supreme Court case on motor finance commissions is based upon a simple economic falsity, argues Fred Philpott

The Supreme Court is currently hearing an appeal in Johnson v FirstRand Bank—motor finance cases where it is said there had been a ‘secret’ commission when a consumer got a car on hire purchase or conditional sale.

The whole premise of the case is false; there were no real ‘commissions’, let alone fiduciary relationships.

The basic facts

A consumer wants a car. They are at a car dealership, with cars on offer. The consumer needs finance. The dealer arranges it with a lender (a bank etc) (‘the creditor’). The consumer agrees the financial details (price of car, deposit, perhaps part exchange, term and monthly payments). It is that simple.

Then along came the claims management industry. On the back of the payment protection insurance (PPI) industry culminating in Plevin v Paragon Personal Finance Ltd [2017] UKSC 23, it was ‘discovered’ that some of the interest in the monthly payments

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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