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 IMPLICATIONS OF THE MOTOR FINANCE CASE FOR EVERYONE de GRAEME FRASER, VELDRA FRASER

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Overview

Is it legally fair and permissible to make a commission on a transaction without disclosing this fact to the party who ends up paying that commission? The Courts of the United Kingdom have been forced to address this issue in three different cases which grouped together have become known as the "motor finance cases" which involved the payment of commissions by motor finance lenders to car dealers who referred purchasers of motor vehicles who needed financing assistance. An adverse judgment could end up costing the banking industry billions! Although each case differed slightly on the facts by the time they reached the Court of Appeal, there was a general agreement that they should heard together. Toward the end of 2024 the Court of Appeal found in favor of the complainant customers. This decision sent shock waves through the industry with some lenders making huge provisions against potential claims. Other lenders took even more drastic action and suspended making new loans. The importance of the principle involved together with the amount of potential damages that could become payable resulted in the United Kingdom Supreme Court expediting its hearing of the matter (which took place at the beginning of April). This book examines the judgment delivered by the the Supreme Court for the United Kingdom handed down in August 2025 and its immediate aftermath The authors, experienced corporate and commercial consultants, Graeme Fraser and Veldra Fraser, unwrap the technical aspects of this case in plain language so that "everyone" can understand the judgment and determine the level to which it has implications for their own transactions.

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