Secret Commission & Motor Finance - Life After Johnson

Introduction

This short webinar will consider the Court of Appeal decision in Johnson v FirstRand Bank Limited, Wrench v FirstRand Bank Limited and Hopcraft v Close Brothers.

It will explore the key aspects of the decisions, consider the likely implications for lenders and ponder whether the decision will stand if appealed to the Supreme Court.

What You Will Learn

This short webinar will cover the following:

• The background to motor finance claims
• An overview of the judgment
• How to identify where fiduciary and other duties are owed by intermediaries
• What disclosures will be sufficient to negate secrecy and obtain informed consent
• The use of discretionary business models and whether that creates unfairness in the parties’ relationship (s140A-C CCA)
• The likelihood and merits of an appeal to the Supreme Court

This webinar was recorded on 5th December 2024

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