NFDA representations accepted by The Supreme Court

19 February 2025

Following on from the seismic changes brought on by the decision in Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd. [2024] EWCA Civ 1282, dealers and finance institutions have been waiting to see how the Supreme Court will rule.

With the matter set to be heard 01-03 April 2025, the Court had been asked to consider whether to accept submissions from interested parties other than the parties to the case who are directly affected by the case. Such interventions are not unusual. Of the 79 judgments of the Supreme Court in 2015, 38 cases involved one or more interventions by another person, civil society or public body.

In this case the Supreme Court received application from five organisations

  • His Majesty’s Treasury
  • Consumer Voice & Others
  • the Finance and Leasing Association
  • The Financial Conduct Authority
  • National Franchised Dealers Association (NFDA)

Whilst it has been widely reported that the Court has refused permission to His Majesty’s Treasury to make representations to the Court, it has also refused permission to Consumer Voice & Others, and the Finance and Leasing Association.

Whilst the Court’s rejection of His Majesty’s Treasury’s application is a disappointment to the markets, even though the application was unsuccessful, it has clearly communicated to the Court the Treasury’s position on the matter.

Of more note is that it has granted permission for written and oral representation by The Financial Conduct Authority and The National Franchised Dealers Association. This is much more significant for the motor industry. This will allow the NFDA to make representations to the Court on behalf of Franchised Dealers. The NFDA have secured the services of leading barristers Jonathan Kirk KC and Richard Roberts to represent the NFDA in those proceedings. Both barristers are highly experienced in commission claims and will now be able to make submissions on behalf of the sector, a perspective yet to be considered by the courts.