AFB Seminar: UK Supreme Court Judgment on the ‘Motor Finance’ Case (Johnson v FirstRand Bank Limited) – Key Takeaways for Banks

AFB invites members to attend an in-person seminar on the Supreme Court’s judgment in the case of Johnson v FirstRand Bank Limited t/a MotoNovo Finance.

Two partners from Eversheds Sutherland, Chris Busby and Martin Ward, who brought the case to the Supreme Court on behalf of two of the three appellants of the Court of Appeal judgment will deliver a briefing on the Supreme Court’s judgment and answer questions from the audience on the implications of the decision for lenders.

Why attend?

This is a leading case, where judgment was handed down by the UK’s most senior court on 1 August 2025. It concerns the circumstances in which intermediaries (in this specific case, car dealers who are also acting in a credit broking capacity by introducing their customers to motor finance lenders) have fiduciary duties to their customers. It also addresses the implications for lenders regarding the disclosure to the customer of commission paid by the lenders to car dealers in such circumstances.

The case attracted considerable publicity and industry concern after the Court of Appeal found in favour of the customers in three linked appeals to the Supreme Court in the autumn of 2024.   Following the judgment the FCA has announced plans to consult on a consumer redress scheme following the judgment.  The case has significant implications for the UK financial services industry as a whole, and the motor finance industry in particular.

Who should attend?

This session is aimed primarily at the Compliance and Legal teams of AFB member banks.

Speakers

Chris Busby, Partner, Financial Services Group and UK Head of our Financial Disputes and Investigations Group

Chris has over 25 years of experience and specializes in contentious banking and financial services work, including regulatory projects and litigation. He has experience in dealing with issues concerning a wide range of products, including unsecured and secured lending, current accounts, and savings and protection products and pensions. Chris also has wide experience in commercial lending issues, including issues concerning construction of facility agreements, security problems and professional negligence claims. He has handled various aspects of all the major financial services mis-selling and mass claims issues of the past 25 years, including the pensions review, overdraft and credit card charges, endowment mortgages, investments, interest-only mortgages, PPI, and data breach claims. Chris also advises on contentious issues concerning the Consumer Credit Act.

He has deep experience in complaint handling, the Financial Ombudsman Service and dealing with Claims Management Companies (CMCs), advising regularly on difficult areas and new trends. Chris combines advice on complaints trends with mass court claims driven by CMCs and claimant law firms, including group actions. He also has a lot of experience working with others in the financial services industry on a common interest privilege basis to tackle emerging issues.

Martin Ward, Partner Financial Services Disputes and Investigations

Martin has over 15 years of experience in dealing with contentious financial services work through the courts, the ombudsman and with the regulator. Martin has dealt with matters concerning an array of financial products (from retail and commercial banking products, through to cryptocurrencies) and has particular experience in motor, asset and invoice finance. He also provides regulatory and compliance advice to financial services clients, particularly regarding the Consumer Credit Act and the FCA Handbook.

Martin regularly deals with claims regarding guarantees and indemnities, title to goods, breach of mandate, mis-selling and the Consumer Credit Act. He also has experience in fraud actions, protecting his clients’ interests through bringing or defending urgent applications for freezing injunctions or for delivery up of goods.

In 2016, Martin was seconded to Volkswagen Financial Services for six months as a Regulatory Lawyer in their legal function. Between 2007 and 2012, Martin worked in-house as Legal Counsel at HSBC Bank, principally acting for HSBC Invoice Finance and HSBC Equipment Finance. In that role, Martin gained an excellent understanding of what clients want from their legal advisors. He also gained invaluable insight into how asset-based financiers operate, sitting with the credit and risk function.

Logistics

Fee:           Included in AFB membership

Location:    Eversheds Sutherland, 1 Wood St, London EC2V 7WS

Date:          Wednesday 17 September 2025

Time:          09:00 – 10:15 (arrivals & breakfast from 08:30)

If you would like to submit a question that you would like the session to address, please send them to the AFB at secretariat@foreignbanks.org.uk. You will receive details on how to join this session a week before the event.