Articles by author
Credit brokers as fiduciaries, and consequences for lenders: Part 1
The Court of Appeal's decision in Johnson v FirstRand Bank LTD (London Branch) (t/a MotoNovo Finance); Wrench v FirstRand (London Branch) (t/a MotoNovo Finance); Hopcroft v Close Brothers Ltd [2024] EWCA Civ 1282 that, as credit brokers, motor dealers owe fiduciary duties to their customers has caused uncertainty across the financial services sector.
This article, published in two parts, argues that the judgment was fundamentally flawed as regards the existence of fiduciary duties, and the commission of dishonest assistance (see Part 1), the nature of the tort of bribery, and as to remedies (see Part 2).
Credit brokers as fiduciaries, and consequences for lenders: Part 2
The Court of Appeal’s decision in Johnson v FirstRand Bank Ltd (London Branch) (t/a MotoNovo Finance); Wrench v FirstRand Bank Ltd (London Branch) (t/a MotoNovo Finance); Hopcraft v Close Brothers Ltd [2024] EWCA Civ 1282 that, as credit brokers, motor dealers owe fiduciary duties to their customers has caused uncertainty across the financial services sector. This Spotlight article, published in two parts, argues that the judgment was fundamentally flawed as regards the existence of fiduciary duties, and the commission of dishonest assistance (see Part 1), the nature of the tort of bribery, and as to remedies (see Part 2).
6 FEB 2025Reliance: a comparison between the common law and s 90A FSMA
This article compares the reliance requirement for the common law claim of misrepresentation with the statutory action of s 90A of the Financial Services and Markets Act 2000 (FSMA). The authors focus on recent authority regarding reliance upon implied statements at common law and the uncertainties that remain under s 90A FSMA.
1 JUN 2021
