CoA/FCA: Marcus Gervase Johnson v Firstrand Bank Limited (London Branch) t/a Motonovo Finance/Andrew Wrench v Firstrand Bank Limited (London Branch) t/a Motonovo/Amy and Carl Hopcraft v Close Brothers Limited
The three appeals, which were heard together, concern motor finance commission, and consider aspects of CCA in a detailed judgment. The judges hope that their “analysis will provide sufficient guidance for the County Court judges who have to deal with these types of claim on a virtually daily basis, but it may be that on some future occasion it will be felt desirable for the Hurstanger and Wood lines of authority to be considered in greater depth, and for a definitive pronouncement to be made by the Supreme Court about the circumstances in which the payment of a commission by a third party to another person’s agent or fiduciary will give rise to a liability (whether as principal wrongdoer or an accessory) on the part of the payer”. In January 2024, FCA introduced a pause to the time firms have to provide a final response to customers about motor finance complaints involving a discretionary commission arrangement and extended the pause, in part, so the regulator could account for the outcome of legal cases that may be relevant to its review. FCA notes the CoA appeal and is carefully considering its decision.
Last updated · 13 Mar 2026
Regulatory News - Banking & Finance
See allPRA: PS10/26: Amendments to Resolution Assessment threshold and Recovery Plans review frequency
Further to CP14/25, this PS provides feedback and final policy. The policy in this PS will take effect on 1 April 2026.
FCA: UK MiFID transparency calculations
FCA has updated its webpage with the latest results of the annual transparency calculations for equity and equity-like instruments for the UK.
FCA: Regulatory priorities – mortgages
FCA’s first annual regulatory priorities report for the mortgages sector sets out its priorities for the coming year: improving consumer outcomes under the Mortgage Rule Review; encouraging responsible lending and supporting mortgage borrowers in financial difficulty, and ensuring the quality of advice. The report also notes other areas of focus. FCA has included an indicative timeline for specific workstreams, including details of the Mortgage Rule Review.
For more information
FCA: Second charge mortgages – improving outcomes for consumers
This FCA review has found that weaknesses in some firms’ practices could put borrowers, particularly those consolidating debt, at increased risk of financial harm. Although it found examples of good practice across the sector, the review raised a number of concerns, including: affordability assessments that appeared to overlook key living expenses; advice that steered customers towards debt consolidation when it was not clear if it was appropriate; inadequate record keeping, and unclear fees.
FCA: Regulatory priorities – retail banking
FCA’s first annual regulatory priorities report for the retail banking sector sets out its priorities for the coming year: access to cash and essential banking services; good outcomes from products and services ; fighting fraud and other financial crime; operational resilience and data security. The report also notes other areas of focus. FCA has included an indicative timeline for specific workstreams.
For more information