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15 November 2024
Issue: 8094 / Categories: Case law , In Court , Law digest
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Law digests: 15 November 2024

Company

Johnson v Firstrand Bank Ltd (London Branch) (trading as Motonovo Finance) and other cases [2024] EWCA Civ 1282

Miss Hopcraft, Mr Wrench, and Mr Johnson were unsophisticated consumers who used car dealers to arrange finance for car purchases. The dealers acted as credit brokers and received undisclosed or partially disclosed commissions from the lenders (FirstRand and Close Brothers) for introducing the finance agreements. In Hopcraft, no disclosure was made about the commission paid by Close Brothers to the dealer. In Wrench, only vague references to a possible commission were made in FirstRand’s standard terms, which were not expected to be read by the consumer. In Johnson, the dealer provided a misleading document suggesting impartial advice would be given across a panel of lenders, when in fact there was a contractual tie obliging the dealer to offer FirstRand’s products first.

Each of the claimants brought proceedings in the County Court against the defendant lenders seeking, among other things, the return of the commission paid to the credit brokers. The County Court transferred the appeals up to the Court of Appeal (Civil Division)

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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