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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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