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Court of Appeal decision on Motor Finance: lenders’ secondary liabilities
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There has been significany commentary following the Court of Appeal's decision in Johnson v FirstRand Bank LTD [2024] EWCV Civ 1282 regarding liability for undisclosed motor finance commissions. This is not surprising given the unexpected nature of the decision, its impact on the motor finance industry, and potential to impact other industries which use intermediaries remunerated by commissions from product providers. The decision will be reviewed by the Supreme Court in April.
This In Practice article examines the Court of Appeal’s approach to the lenders’ secondary liability for a credit broker’s breach of fiduciary duty, which we consider is ripe for criticism by the Supreme Court.
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