RE: R v Hayes; R v Palumbo; LIBOR Judgement - SC overturns CoA ruling23 Jul 2025 18:25
Hardup
"It has no bearing on the Car Finance case, totally unrelated."
Grok
"Applied to the pending motor finance appeals (Hopcraft v Close Brothers Ltd, Johnson v FirstRand Bank Ltd, and Wrench v FirstRand Bank Ltd, UKSC 2024/0157-0159), this could significantly favor the defendant banks (including Close Brothers). The Court of Appeal's 2024 judgment imposed an ad hoc fiduciary duty of loyalty and a "disinterested duty" on car dealers as credit brokers, requiring full disclosure of commissions and deeming non-disclosure a breach equivalent to bribery, based on implied obligations of impartiality absent explicit contractual terms.
However, Hayes/Palombo signals judicial reluctance to imply absolute bars on self-interested conduct (e.g., commission incentives) in routine financial transactions, particularly where pre-2021 industry practices were tolerated under FCA/OFT regulations and not expressly prohibited."