The WLR Daily case summaries
[2024] WLR(D) 472
Court of Appeal
Johnson v FirstRand Bank Ltd (London Branch) (trading as MotoNovo Finance)
Wrench v FirstRand Bank Ltd (London Branch) (trading as MotoNovo Finance)
Hopcraft and another v Close Brothers Ltd
[2024] EWCA Civ 1282
2024 July 2, 3, 4;
Oct 25
Oct 25
Andrews, Birss, Edis LJJ
Agency— Fiduciary duty— Secret commission— Claimant purchasing second hand cars from car dealers— Car dealers acting as credit brokers arranging finance to enable claimants’ purchases— Brokers receiving commission payments from lenders— Whether relationship between broker and borrower giving rise to disinterested or fiduciary duties— Whether commissions paid to brokers secret or partially secret— Whether lenders liable to claimants for any breaches of duty to by brokers in receiving commission payments— Whether lenders liable on primary wrongdoer or accessory basis