Motor Trade Legal News
Recent Credit Hire Ruling
Anyone in the motor industry will be familiar with the role credit hire and accident management companies play in the repair of accident damaged vehicles. They are a major driver of work. What you may not realise is that litigation linked to these companies is also a major driver of litigation in the Courts. For […]
WARNING: POTENTIAL SCAM
We want to use this week’s article to warn members of a potential scam. BCMK Law We have recently been contacted by a number of motor dealers who have received an email from a company named BCMK Law regarding a potential trademark dispute. In the correspondence, BCMK Law states that it is ‘reaching out’ to […]
Recycling Cartel
On 1 April 2025 the Competition and Markets Authority (CMA) fined ten mainstream manufacturers and two trade bodies £77.7 million for agreeing to and running a “recycling cartel” over a 15 year period that was designed to keep quiet about the percentage of each model that was recyclable and to avoid paying proper end-of-life disposal […]
The Latest on the Government’s Employment Rights Bill
When the Labour party came to power in July 2024, they announced that within 100 days of their tenure that the Employment Rights Bill (‘ERB’) was going to be tabled. True to their word, the Government set out several planned changes to employment laws in the form of the ERB. Significant changes will be coming […]
Supreme Court Delivers Definitive Answer on Equality Act 2010 Definition of Woman and Sex
The recent Supreme Court case For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) UKSC/2024/0042 has caused a lot of debate, media attention, and confusion. It should be noted that this article does not seek to express any opinion on the Supreme Court’s decision but rather aims to hopefully dispel some of the confusion […]
Warning: Potential Scam
We want to use this week’s article to warn members of a potential scam. Spectre LawFirm We have recently been contacted by a number of motor dealers who have received an email from a company named Spectre LawFirm regarding a potential trademark dispute. In the correspondence, Spectre LawFirm states that it is ‘reaching out’ to […]
Hopcraft v Close Brothers and the Remedy Riddle
Legal Analysis of the Parties’ Legal Submissions to the Supreme Court. On 1st to the 3rd of April 2025, the Supreme Court heard submissions in Hopcraft and another (Respondents) v Close Brothers Limited (Appellant), the landmark case dealing with undisclosed car finance commissions. At the close of the process, the Court indicated that a decision […]
Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd.
Summary of Legal Submissions Presented to the Supreme Court (April 1st to April 3rd 2025) For the UK motor dealer, the three days of hearing boiled down to two questions: What duty, if any, does the dealer have to the consumer when selling/arranging finance? Whatever the duty, does the commission payment result in an unfair […]
Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd. – Day Three
The third day day of the Supreme Court hearing began with submissions by Johnson, Wrench and Hopcraft continuing from the day before. Johnson, Wrench and Hopcraft’s tactics with regards the fiduciary duty immediately became clear as they tried to establish that motor dealers have undertaken a classic finance broker role in assessing a customer’s needs […]
Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd. – Day Two
The second day day of the Supreme Court hearing began with submissions by Close Brothers and FirstRand Bank regarding secret commissions and the case of Hurstanger. Close Brothers and FirstRand Bank sought to establish that different remedies should be considered where the dealer disclosed the existence of commission, but not the amount. In reality this […]