The Supreme Court will hear Johnson v FirstRand Bank Ltd and its conjoined cases on appeal from [2024] EWCA Civ 1282 on April 1-3 2025. The case raises a dizzying number of issues relevant to this core case: A consumer purchases a motor car from a dealer, who arranges loan finance, but also takes a secret commission from the lender. If the conditions are met, the consumer can claim the value of the fee not only from the dealer, but also instead from the lender … (more)
[Equity, Fiduciary and Property Law, 28 March 2025]
This upcoming Supreme Court hearing in Johnson v FirstRand Bank Ltd promises to be a landmark moment for both equity and consumer protection in the context of motor finance. The central question—whether lenders can be held liable for secret commissions paid to dealers—cuts to the heart of fiduciary duties, restitution, and the broader principle of fairness in commercial transactions. It will be fascinating to see how the Court balances common law and equitable doctrines in addressing the power imbalance between consumers and financial institutions. The implications could be profound for how hidden commissions are treated across industries.