Banking Litigation Notes

High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms

County Court appeal confirms motor finance broker commission case correctly allocated to the small claims track

Banking Litigation Yearbook and broader Disputes Yearbook for 2024

Court of Appeal finds lenders liable in motor finance broker commission cases

High Court finds agent breached fiduciary duty in "half secret" commission case

Court of Appeal allows secret commissions claim to proceed as representative action on "opt out" basis

Court of Appeal determines that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

The Court of Appeal has found that a defendant creditor could not rely on a limitation defence to a borrower’s claim that its non-disclosure of a …

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

High Court rejects unfair relationship claim concerning allegations of breach of an advisory duty, misrepresentation and efficacy of basis clauses

Carney & Ors v NM Rothschild & Sons Limited [2018] EWHC 958 (Comm) is a recent case where the High Court rejected claims of an unfair …

Broker breached fiduciary duty by not disclosing sum of commission received

The Court of Appeal has held that a credit broker was in a fiduciary relationship with borrowers, with the consequence that the broker breached its …

Supreme Court corrects "wrong turn" in English Law, holding that bribes received by an agent are held on trust for the principal

Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent “held on trust” for his principal? Or is the principal’s claim …