Greg Lawton published in the SSRN: Matters of Law Arising in Motor Finance Secret Commission / Unfair Relationship Cases

An article exploring some aspects of the law in respect of claims against motor finance companies who paid commissions to credit brokers.

Covers areas including terminology; the negation of secrecy; flaws in the logic in the creation of “half secret” claims in Wilson v Hurstanger [2007] EWCA Civ 299; s.56 of the Consumer Credit Act 1974; the recognition of the credit broker’s agency in Branwhite v Worcester Works Finance Ltd [1969] 1 AC 552; the reason a disinterested and fiduciary duty exists; critique of Finn – Fiduciary Obligations; a proposed clarification of the test for the existence of a fiduciary duty; accessory liability; informed consent; and the problems with applying the Plevin approach to “tipping points” in motor finance cases.

You can read the article in full. For further information about Greg, view his profile.