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ARTICLE · 13 AUGUST 2025

Supreme Court Rules In Undisclosed Commissions Case

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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On 1 August, the Supreme Court gave its eagerly anticipated ruling in Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd [2025] UKSC 33.

United KingdomFinance and Banking

On 1 August, the Supreme Court gave its eagerly anticipated ruling in Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd [2025] UKSC 33.

In a decision which gave finance lenders some comfort, it partially allowed appeals in three conjoined cases about the lawfulness of commission payments by the lenders to motor dealers in connection with hire-purchase agreements for cars. Last year's Court of Appeal decision was received with dismay by the industry with estimates of over £40 billion required in compensation for consumers.

The key issues that the Supreme Court had to consider in its 110-page judgment were:

  • if dealers owed fiduciary duties to customers when arranging finance; and

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