header-logo header-logo

17 October 2025 / Fred Philpott
Issue: 8135 / Categories: Opinion , Consumer , Financial services litigation , Commercial , Transport
printer mail-detail

Motor finance: payback time?

232366
Hot on the heels of the FCA’s proposed redress scheme, Fred Philpott considers the winners & losers

Following the Supreme Court’s decisions on motor finance commission, the Financial Conduct Authority (FCA) has published a proposed redress scheme. On 7 October 2025, after the markets closed (the likely financial impact of the proposals dictated this timing, as the cost to the credit business was estimated in the proposal at £11bn), the FCA published for consultation the proposed scheme for the credit businesses involved (‘Consultation paper CP25/27: Motor Finance Consumer Redress Scheme’.

Background

In Johnson v FirstRand Bank Ltd (London Branch) (trading as Motonovo Finance) and other cases [2025] UKSC 33, [2025] 3 WLR 423 (also known as Hopcraft v Close Brothers Ltd), the Supreme Court rejected allegations that motor finance commission constituted a bribe, or that there was a fiduciary relationship between the motor dealer and the credit provider. However, in the case of Johnson, it was held that there was an unfair relationship under s 140A of the Consumer Credit Act 1974 (CCA 1974).

Commission has

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll