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UK Supreme Court Hears Crucial Case on Motor Finance Commissions

By Tom Webster |

UK Supreme Court Hears Crucial Case on Motor Finance Commissions

The following was contributed by Tom Webster, Chief Commercial Officer for Sentry Funding.

At the start of this month the Supreme Court heard an appeal in three motor finance test cases with huge ramifications for lenders.  

In Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd, the appeal court held last October that the car dealers involved were also acting as credit brokers, and owed a ‘disinterested duty’ to the claimants, as well as a fiduciary one. It found a conflict of interest, and no informed consumer consent to the receipt of the commission, in all three cases. But it held that that in itself was not enough to make the lender a primary wrongdoer. For this, the commission must be secret. However, if there is partial disclosure that suffices to negate secrecy, the lender can still be held liable in equity as an accessory to the broker’s breach of fiduciary duty.

The appeal court found there was no disclosure in Hopcraft, and insufficient disclosure in Wrench to negate secrecy. The payment of the commission in those cases was secret, and so the lenders were liable as primary wrongdoers. In Johnson, the appeal court held that the lenders were liable as accessories for procuring the brokers’ breach of fiduciary duty by making the commission payment.

The appeal court ruling sent shockwaves through the industry, and the two lenders involved, Close Brothers and FirstRand Bank (MotoNovo), challenged the decision in a three-day Supreme Court hearing from 1 – 3 April. Commentators have pointed to the huge significance of the case, which could lead to compensation claims of up to £30bn. Close Brothers is reported to have set aside £165m to cover potential claims, while FirstRand has set aside £140m. Other lenders are reported to have set aside even more substantial sums:  £1.15bn for Lloyds, £290m for Santander UK and £95m for Barclays. 

The Financial Conduct Authority is considering setting up a redress scheme to deal with claims, which is currently on hold as it awaits the judgment of the Supreme Court this summer.

Will the Supreme Court uphold the lenders’ appeals, or will the Court of Appeal’s logic win out? My own view is that the appeals are likely to fail, and October’s Court of Appeal decision will be upheld. Lenders will therefore face substantial compensation bills as they find themselves faced with a huge number of claims. What’s more, the ramifications of this significant Supreme Court ruling are likely to reach beyond the motor finance sector, to other areas where businesses provide credit through intermediaries who take a commission, without making that crystal clear to the consumer.

Sentry supports litigation funders looking to deploy funds into cases in which consumers were not aware of the commissions they were being charged when they bought a car on finance, as well as a number of other miss-selling and hidden commission claim types.

About the author

Tom Webster

Tom Webster

Tom is the Chief Commercial Officer for Sentry Funding

Commercial

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IPPR Warns UK Funding and Costs Rules Are Pushing Big-Tech Claims Into Foreign Courts

A new report from the Institute for Public Policy Research (IPPR) argues that the United Kingdom's collective action and costs rules are steering claims against large technology companies away from British courts, leaving affected workers and consumers to seek redress abroad.

As reported by IPPR, the think tank points to proceedings brought in the Dutch courts by Stichting Worker Info Exchange International against Uber on behalf of affected drivers, including British drivers. The case challenges Uber's alleged use of personal data to determine drivers' pay, following earlier research findings that its algorithmic pay system has made earnings less predictable and widened pay inequality.

The report draws a direct contrast between the two jurisdictions. Dutch law allows non-profit organisations to bring collective cases on behalf of affected people with limited risk of legal costs, while UK rules make equivalent legal action much harder and carry the risk of massive legal costs.

IPPR's recommendations go to the heart of the funding question. The report calls for allowing charities and NGOs to bring public interest cases against technology companies without requiring individual authorisation, introducing opt-out collective legal action across areas including workers' rights, and capping potentially crippling legal costs while reforming litigation funding rules.

The report, authored by independent legal strategy and technology policy consultant Swee Leng Harris, is supported by former attorney general Dominic Grieve KC, Labour MP Jess Asato, and the App Drivers and Couriers Union. Driver and union member Abdurzak Hadi said that taking on a company like Uber in court "costs huge amounts of money, far more than most drivers I know can afford."

Tata Power Files Criminal Complaint Against Kleros Capital Over $490 Million Arbitration Award

Tata Power has escalated its long-running dispute with Kleros Capital Partners from the courtroom to the police station, with Mumbai Police registering a First Information Report against eight accused parties over an alleged fraud valued at ₹4,800 crore.

As reported by the Free Press Journal, the complaint names Kleros Capital Partners and two former Tata Power employees among the accused, alleging data leakage and criminal conspiracy in connection with a Russian coal mine transaction and the Singapore arbitration that followed.

Tata Power claims that confidential information shared with Kleros under non-disclosure agreements signed in 2013 and 2014 was later used against it in arbitration. It alleges direct losses of roughly $8 million and says a valuation report was prepared without a site visit before being relied upon in the proceedings. None of the allegations has been established in any court.

Kleros commenced SIAC arbitration in November 2020. The tribunal, chaired by Professor Lawrence Boo and including Stuart Isaacs KC and Amal K. Ganguli, issued a liability award in September 2023 and a damages award on 1 July 2025, with the majority ordering payment of $490.32 million plus simple interest at 5.33% per annum.

On 26 August 2026 the Singapore International Commercial Court rejected all three of Tata Power's set-aside applications, finding no breach of natural justice or apparent bias. The Court also held that Omni Bridgeway's involvement in unrelated proceedings involving the arbitrators did not establish apparent bias. Tata Power shares fell 3.89% following the ruling.

Federal Court Approves $12 Million Funder Commission in RAMS Franchisee Settlement

Australia's Federal Court has approved a $12 million funding commission to Court House Capital out of a $29.6 million class action settlement, rejecting the suggestion that hindsight should be used to shrink a funder's reward.

As reported by Australasian Lawyer, Justice Lee handed down Top Ryde Financial Services Pty Ltd v RAMS Financial Group Pty Limited (Settlement Approval) [2026] FCA 1652 on 30 October 2026, approving roughly $16.6 million in total deductions comprising $4 million in legal costs and the $12 million commission.

The proceeding was brought by 15 former franchisees of RAMS, Westpac's former home-lending business, who alleged wrongful termination and the withholding of 25% of trail commissions after termination. The settlement deed required payment of $29,624,397.67, made up of withheld trail commission with interest plus an additional sum of approximately $20.8 million. RAMS also agreed to stop withholding part of future trail commission and to offer buy-outs of future trailer income. There was no admission of liability.

The Court acknowledged the commission exceeded the average percentage seen in some recent approvals, but noted that alternative formulas in the funding agreements would have produced either $8.58 million or $16 million. All but one franchisee had signed a funding agreement, and no group member objected. Justice Lee remarked that "a headline percentage may conceal more than it reveals," though he did limit the reach of the settlement deed.

For context, the 7-Eleven franchisee class action settled for $98 million in 2021, inclusive of a $24.5 million funder commission.