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Car Finance Mis-Selling: What the UK Supreme Court Verdict Really Means

By Kevin Prior |

Car Finance Mis-Selling: What the UK Supreme Court Verdict Really Means

The following article was contributed by Kevin Prior, Chief Commercial Officer of Seven Stars Legal Funding.

On Friday 1st August 2025, the Supreme Court delivered its ruling on car finance commission complaints. While banks avoided the massive £44 billion liability some predicted, one customer called Johnson won his case – and that victory has opened the door for thousands of similar claims totalling somewhere between £9bn and £18bn – still a huge market.

The Bottom Line: Johnson proved his finance deal was “unfair” because:

  • The dealer received a massive undisclosed commission (55% of all the interest he paid)
  • He was misled about getting independent advice when the dealer was actually tied to one lender
  • Important information was hidden in small print

What This Means

The Supreme Court has given us a clear roadmap. Claims will succeed where customers can show:

  • Excessive hidden commissions (Johnson’s was 55% of his interest payments)
  • Poor disclosure – burying commission details in terms & conditions isn’t enough
  • Misleading sales practices – claiming to offer “best deals” while being tied to one lender
  • Pre-2021 agreements often have the strongest cases

Why This Is Good News

  • No government bailout risk – the ruling removes fears of political intervention to protect banks
  • Clear success criteria – we now know exactly what makes a winning case
  • Settlement pressure – lenders know more claims are coming and want to avoid court
  • Immediate opportunity – claims can start now without waiting for regulators

Our Position

Our cautious approach to date has been vindicated. While others rushed in with untested legal theories, we waited for clarity. Now we have it.

The car finance opportunity is very much alive – it just requires smarter case selection. We’re actively evaluating opportunities and expect to be funding cases that meet the Johnson criteria in the coming weeks.

The FCA will announce their compensation scheme plans in October, but the legal pathway is already clear. Well-selected cases with Johnson-style facts have strong prospects of success.

About the author

Kevin Prior

Kevin Prior

Commercial

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UK Litigation Funding Reforms in 2026: From Commercial Tool to Regulated Justice Feature

By John Freund |

A new Solicitor News analysis frames 2026 as the year UK litigation funding completes its transition from a flexible commercial tool to a regulated feature of the justice system, with transparency, fairness, and proportionality of funder returns now squarely in the line of sight of both Parliament and the courts. The piece argues that funding arrangements are no longer treated as peripheral financial instruments but are instead being examined as active components of the disputes they finance.

As reported by Solicitor News, the post-PACCAR landscape continues to drive structural change — pushing funders to restructure agreements that had been classified as damages-based agreements under the Supreme Court's ruling and prompting heightened judicial scrutiny of conflicts of interest, procedural fairness, and the economics of group actions. The analysis flags tighter funder selectivity, deeper firm-side due diligence on funder counterparties, and an expectation of more rigorous early-stage case assessment as defining features of the new regime.

For UK law firms, the article identifies opportunities alongside the risks: enhanced client confidence through transparency, differentiation for firms that can demonstrate compliance expertise, and a chance to position funding as part of an integrated dispute strategy rather than an after-the-fact add-on. The broader signal is that 2026 reforms — coming on top of FCA enforcement activity in adjacent financial sectors — are converging into a tighter regulatory perimeter that funders and claimant firms alike will need to navigate deliberately rather than incidentally.

Adam Levitt Pushes Back on the “Tort Reform” Myth in National Law Journal Column

By John Freund |

Plaintiffs' class action attorney Adam J. Levitt of DiCello Levitt has used his monthly *National Law Journal* column to challenge what he calls the central premise of the modern tort reform movement — that America is "drowning in lawsuits" — arguing that the framing is unsupported by the data and has nonetheless underwritten 40 years of legislative and regulatory restrictions on civil litigation. The column lands at a moment when third-party litigation funding regulation is being driven in significant part by that same narrative.

As reported by Law.com, Levitt's piece traces the durability of the U.S. Chamber of Commerce's tort reform messaging across decades and argues that empirical studies on filing rates, recoveries, and class certification do not support the picture of runaway plaintiff abuse that the messaging projects. The column situates current TPLF disclosure proposals, class-action reform efforts, and aggressive state-level restrictions on funded litigation as downstream effects of a flawed factual premise rather than as responses to a documented surge in litigation.

For litigation funders, the column is significant precisely because the "drowning in lawsuits" narrative has been the connective tissue between traditional tort reform priorities and the newer push to constrain TPLF through disclosure mandates, foreign-funder bans, and registration regimes. Levitt's piece supplies plaintiffs' counsel and funders with a rebuttal frame to deploy in legislative debates and judicial proceedings — even as defense-side groups continue to lean on Chamber-aligned data in support of further restrictions.

Ivo Capital Backs €673 Million Dutch Consumer Claim Against Netflix Over Pricing Practices

By John Freund |

Stichting Bescherming Consumentenbelang, a Dutch consumer protection foundation, has filed a class claim against Netflix in the Amsterdam District Court alleging that the streaming service raised subscription prices by as much as 75% since 2017 without the transparent justification required under EU consumer protection rules. The claim values consumer damages at between €420 million and €673 million on behalf of an estimated 3 to 4 million Dutch subscribers, with more than 1,000 already registered.

As reported by The Next Web, the action is funded by IVO Capital under a no-cure, no-pay arrangement that entitles the funder to up to 25% of any compensation awarded. The legal grounds rest on EU Directive 93/13/EEC on unfair contract terms, with the foundation arguing that Netflix's generic price-change clauses — paired with a 30-day notice and cancellation option — fail the requirement that consumer terms be expressed in "clear and comprehensible" language and meet specific conditions for unilateral modification. Netflix has stated that it takes consumer rights "very seriously" and is "convinced" its terms comply with local laws and consumer expectations.

The case adds a high-profile data point to Europe's expanding pipeline of consumer-led, funder-backed pricing claims, alongside the wave of competition-driven collective actions running through the UK Competition Appeal Tribunal and similar proceedings in Germany and Spain. For commercial funders, the structure illustrates how subscription-economy pricing disputes — long viewed as marginal under traditional damages frameworks — can become viable matters when aggregated across millions of consumers under EU consumer law.