Skip to content
LatestIT consultant ordered to pay £50,000 after being accused of stealing Soho House members’ personal details
CityAM Canada

Canadian business, markets & economy · Thursday, 13 August 2026

  • Business
  • Markets
  • Economy
  • Technology
  • Politics
  • Energy
  • Property
  • Opinion
Friday 25 October 2024 12:51 pm  |  Updated:  Sunday 27 October 2024 10:29 am

Shares drop at Close Brothers as court sides with consumers in motor finance claims

By: Maria Ward-Brennan

Professional Services Editor

Add as a preferred source on Google
The Royal Courts of Justice in London, England
The Royal Courts of Justice in London, England

In a landmark decision in the motor finance test case, a court has resoundingly sided with consumers against the banks and lenders, including Close Brothers.

The Court of Appeal has ruled that a broker could not lawfully receive a commission from the lender without obtaining the customer’s fully informed consent to the payment.

The court ruled that in order for consent, the consumer would need to be told all material facts that might affect their decision, including the amount of the commission and how it was to be calculated.

The judges ruled that did not happen in any of these cases.

Three cases were merged earlier this year, the Hopcraft case is against merchant banking group Close Brothers, Wrench is against South African Firstrand Bank, and Johnson is against Firstrand Bank and Motonovo Finance.

The claims stem from regional courts around England, with the case against Close Brothers being dismissed by Kingston-upon-Hull Combined Court last year, while the other two are appealing an decisions by County Courts.

The three cases were given the green light in March to appeal the decisions of their respective courts, and all proceeded to one trial at the Court of Appeal in July.

Today, the court revealed it has unanimously allowed all three appeals.

The background to this test case

Earlier this year, the Financial Conduct Authority (FCA) revealed it would review the historical motor finance commission arrangements and sales across several firms.

The FCA has since confirmed that it would look into deals made between April 2007, when the Financial Ombudsman Service first started overseeing discretionary commission arrangements, to and January 2021, when the practice was banned.

The motor finance industry has been bracing for potential compensation fees tied to this review into discretionary commission arrangements.

Read more

Close Brothers shares fall as motor finance scandal threatens worst returns in Europe

Close Brothers has upped its motor finance provisions.

Lloyds, which owns the country’s biggest auto lender, Black Horse, made a £450m provision in February, while in March, Close Brothers, considered the most exposed bank in relative terms, outlined plans to bolster its finances by £400m in response to the probe.

The reaction on the groundbreaking decision

Close Brothers informed its shareholders that it “disagrees with the court’s extension of the existing case law in this area”. The merchant bank said it would be appealing this decision to the UK Supreme Court.

The bank noted that the financial impact of the Hopcraft case in isolation is not material to the Group.

However, subject to the appeal to the Supreme Court, the judgment may set a precedent for similar claims, which may (depending on the specific facts of those cases) result in significant liabilities for the group.

Close Brother’s added that it is therefore currently not possible to assess the timing, scope or quantum of any potential financial impact on the group.

As a result of the ruling, Close Brothers’ shares on Friday dropped by nearly 25 per cent.

Over the last year, the group’s shares have dropped nearly 60 per cent as a result of the news of the motor finance review.

While, Kavon Hussain, principal at Consumer Right Solicitors, who brought the case to the Court of Appeal, said: “Unknown to customers, lenders systematically incentivised car dealers acting as credit brokers to place finance with them by paying commissions that were not disclosed to the consumer.”

“These hidden commissions paid to dealers meant that the consumer could pay anything from a few hundred pounds to many thousands extra to a lender through interest payments, for the lender to then pay this to the dealer,” he added.

While Stephen Haddrill, director general of the FLA, which represent motor finance lenders said: “This is a significant and unexpected judgment, the implications of which stretch far beyond the motor finance sector, making it an issue that demands the immediate attention of the FCA.”

Read more

City watchdog suspends parts of £9bn motor finance scheme after industry backlash

The FCA has appointed Liam Coleman interim chair of the FOS.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Banking
  • Legal

People & Organisations

  • close brothers
  • Court of Appeal
  • FCA
  • Legal
  • motor finance

Trending Articles

  • Five-star Mayfair hotel hit with HMRC winding-up petition

  • It’s not just Jason Arday, most of sociology is a scam

  • IT consultant ordered to pay £50,000 after being accused of stealing Soho House members’ personal details

  • As it happened: FTSE 100 falls as Iran and US clash over Strait of Hormuz; Oil stockpiles ‘rapidly depleting’

  • As it happened: Stocks jittery as oil nears $90; Trump ‘semi-negotiating’ with Iran

More from CityAM

  • Close Brothers shares fall as motor finance scandal threatens worst returns in Europe

    Banking
    Close Brothers has upped its motor finance provisions.
  • City watchdog suspends parts of £9bn motor finance scheme after industry backlash

    Banking
    The FCA has appointed Liam Coleman interim chair of the FOS.
  • Motor finance war of words heats up as City watchdog blasts law firm’s motives

    Legal
    The FCA has introduced new proposals to close the financial advice gap.
  • TikTok loses court battle over £12.7m child privacy fine

    Tech
    Tiktok appeals to overturn US ban in a broader battle for tech regulation
  • Lufthansa and aviation rivals clash in London court over power outlet profits

    Legal
    Lufthansa aircraft on tarmac with logo visible, showcasing airlines fleet under clear sky in a business news context
  • FCA boss takes aim at motor finance lenders and claims firms

    Banking
    The FCA laid out the next steps for its motor finance redress.
  • Iwoca closes bumper debt facility as sale speculation mounts

    Fintech
    Christoph Rieche (right) and James Dear (left) co-founded Iwoca in 2011.
  • Former Southern Water boss charged with conspiracy to defraud

    Law
    Southern Water safety sign on a chain link fence, detailing required PPE like hard hats and safety boots.
CityAM Canada

Independent Canadian business, markets and economic journalism, published by CityAM Publishing in Toronto. Read our editorial standards and corrections policy.

CityAM Publishing, 3 Borden Street #301, Toronto, Ontario M5S 2M8, Canada.
Newsroom enquiries: contact the editorial desk.

Follow

LinkedInXRSSApple News

Sections

BusinessMarketsEconomyTechnologyPoliticsEnergyPropertyOpinion

Newsroom

About usEditorial standardsCorrectionsOur journalistsContact

Company

AdvertisePrivacy noticeTerms of useCookie preferences

© 2026 CityAM Publishing. All rights reserved.

PrivacyTermsCookiesContact

Nothing published on CityAM Canada constitutes investment advice or a recommendation to buy or sell any security. CityAM Canada is an independent Canadian edition and is not affiliated with any UK publication.