With its ruling in the car finance case, the UK supreme court sent a clear message: some motorists purchased vehicles with deals that were indeed unfair, but it’s not the judiciary’s job to redraw the boundaries of consumer protection law. That burden, the justices suggested, rests with regulators and elected governments. This reasoning is in line with a major speech in June by the court’s president, Lord Reed, who argued that judges aren’t policymakers – and shouldn’t be. He led a bench that nonetheless upheld a finding of unfairness in the case of the factory supervisor Marcus Johnson. The court flagged the danger, defined the threshold – but stopped short of imposing redress itself.
Now, the baton has been passed. Millions could get payouts if the Financial Conduct Authority (FCA) follows the court ruling with its proposed redress scheme, now out for consultation. The regulator admits what courts and campaigners have long suggested: that hidden commissions and opaque contracts were endemic, and that consumers were misled on a large scale. It may be 2025, but the roots of this scandal stretch back decades. More than 90% of new car purchases are financed, and for years, buyers weren’t offered the best deal – just the one that earned the broker the biggest cut.
Last October, the court of appeal saw hidden commissions as tantamount to bribes – secret incentives to push pricier loans. Banks had been on the hook for potentially £40bn in compensation had that view prevailed. But the supreme court disagreed. Dealers aren’t fiduciaries, it said. They’re not priests or doctors. They’re salespeople and everyone knows it. The Treasury had tried, and failed, to intervene on behalf of banks that feared big payouts. The supreme court dismissed that petition with waspish brevity. Rachel Reeves may argue she was guarding financial stability, but it is not a good look to be siding with lenders over misled consumers, especially when there is a strong case to suggest regulators had been asleep at the wheel.
The FCA now admits that many firms broke the rules. It plans a compensation scheme covering loans dating back to 2007, including both discretionary and some non-discretionary commission arrangements. The potential bill? At least £9bn, and possibly double that. Most individuals will probably receive less than £950 in compensation. The court’s refusal to stretch the law to encompass issues of trust wasn’t a shrug; it was a signal. The law allows unfairness to be addressed. But the heavy lifting must be done by the state.
This episode lays bare a deeper malaise. Britain’s credit system often runs on skewed incentives and asymmetric information. Brokers pose as advisers but act as commission-driven salespeople. In Mr Johnson’s case a £1,650 hidden commission – a quarter of the car’s price – went undisclosed. That’s not a quirk; it’s economics’ classic lemons problem. In car finance, consumers didn’t know how much brokers were pocketing or how that skewed the deal. Without trust or clarity, quality suffers – and everyone overpays for “lemons” (duds).
The court of appeal did focus minds; and failing to interpret the law robustly in the face of clear wrongdoing is itself a judicial choice. The supreme court smartly redirected the narrative. The regulator is stirring. Ministers must now support a consumer-facing system of redress and not shield the City from the consequences of its own mis‑selling. The public will be watching.