Hearings
England & Wales
25 Oct 2024 [2024] EWCA Civ 1282; [2024] WLR(D) 472, CA (Andrews, Birss, Edis LJJ)
11 Dec 2024 Permission to appeal to Supreme Court given, SC(E)
Johnson v FirstRand Bank Ltd (London Branch) (trading as MotoNovo Finance)
Additional names
Wrench v FirstRand Bank Ltd (London Branch) (trading as MotoNovo Finance)
Hopcraft v Close Brothers Ltd
Subject Matter
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
Appellate History
Johnson v FirstRand Bank Ltd (London Branch) (trading as MotoNovo Finance) [2024] EWCA Civ 1282; [2024] WLR(D) 472, CA
Decision of the Court of Appeal sub nom reversed
Hopcraft v Close Brothers Ltd [2025] UKSC 33; [2025] 3 WLR 423, SC(E)
Commentary
Legal Futures
Court of Appeal ruling opens door to motor finance mis-selling claims
Case comment