The Supreme Court heard the Appeal in Hopcraft, Johnson & Wrench on 1-3 April 2025. On the evening of 3 April, just after the hearing finished, Simon Oakes and Emily Saunderson gave a seminar about the case in the Supreme Court and attempted to predict the outcome. 

In Hopcraft, Johnson & Wrench [2024] EWCA Civ 1282, the Court of Appeal has ruled that it was unlawful for car dealers to receive a commission from a lender providing motor finance to a customer unless it was disclosed to the customer and they gave informed consent to the payment.

The case is of general significance for the law of bribery and secret commissions, fiduciary duties of credit brokers, primary/accessory liability of lenders, and the Consumer Credit Act 1974. What’s more, the implications for the motor finance sector are vast: over two million cars are purchased each year using almost £39 billion of finance; since 2007, over 31 million car purchases have involved commission payments. The decision will affect hundreds of thousands of claims and possible class actions.