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The UK’s Supreme Court is set to deliver a landmark ruling today that could have billion-pound consequences for banks and impact millions of motorists.

The essential question that the country’s top court has been asked to answer is this: should customers be fully informed about the commission dealers earn on their purchase?

However, the Supreme Court is only considering one of two cases running in parallel regarding the mis-selling of car finance.

Here is everything you need to know about both cases, and how the ruling this afternoon may (or may not) affect any future compensation scheme.

File photo dated 26/3/2021 of the UK Supreme Court in Parliament Square, central London. A legal challenge over whether trans women can be regarded as female for the purposes of the 2010 Equality Act begins at the UK Supreme Court on Tuesday. The action is the latest in a series of challenges brought by the campaign group For Women Scotland (FWS) over the definition of "woman" in Scottish legislation mandating 50% female representation on public boards. Issue date: Monday November 25, 2024.
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What is the Supreme Court considering?

The Supreme Court case concerns complaints related to the non-disclosure of commission. This applies to 99% of car finance cases.

When you buy a car on finance, you are effectively loaned the money, which you pay off in monthly instalments. These loans carry interest, organised by the brokers (the people who sell you the finance plan).

These brokers earn money in the form of a commission (which is a percentage of the interest payments).

Last year, the Court of Appeal ruled in favour of three motorists who were not informed that the car dealerships they agreed finance deals with were also being paid 25% commission, which was then added to their bills.

The ruling said it was unlawful for the car dealers to receive a commission from lenders without obtaining the customer’s informed consent to the payment.

However, British lender Close Brothers and South Africa’s FirstRand appealed the decision, landing it in the Supreme Court.

Toy Car In Front Of Businessman Calculating Loan. Saving money for car concept, trade car for cash concept, finance concept.
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Pic: iStock

What does the second case involve?

The second case is being driven by the Financial Conduct Authority (FCA) and involves discretionary commission arrangements (DCAs).

Under these arrangements, brokers and dealers increased the amount of interest they earned without telling buyers and received more commission for it. This is said to have incentivised sellers to maximise interest rates.

The FCA banned this practice in 2021. However, a high number of consumers have complained they were overcharged before the ban came into force. The Financial Ombudsman Service (FOS) said in May that they were dealing with 20,000 complaints.

In January 2024, the FCA announced a review into whether motor finance customers had been overcharged because of past use of DCAs. It is using its powers to review historical motor finance commission arrangements across multiple firms – all of whom deny acting inappropriately.

The FCA also said it is looking into a “consumer redress scheme” that means firms would need to offer appropriate compensation to customers affected by the issue.

An estimated 40% of car finance deals are likely to be eligible for compensation over motor finance deals taken out between 2007 and 2021, when the DCAs were banned.

To find out how you can tell if you’ve been mis-sold car finance, read the following explainer from our reporter Megan Harwood-Baynes.

Read more from the Sky News Money blog

Pic: iStock
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Pic: iStock

How does the ruling affect potential compensation?

In short, the Supreme Court ruling could impact the scale and reach that a compensation scheme is likely to have.

The FCA said in March that it will consider the court’s decision and if it concludes motor finance customers have lost out from widespread failings by firms, it is “likely [to] consult on an industry-wide redress scheme”.

This would mean affected individuals wouldn’t need to complain, but they would be paid out an amount dictated by the FCA.

However, no matter what the court decides, the FCA could go ahead with a redress scheme.

The regulator said it will confirm if it is proposing a scheme within six weeks of the Supreme Court’s decision.

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What impact could this have on lenders?

Analysts at HSBC said last year the controversy could be estimated to cost up to £44bn.

Alongside Close Brothers, firms that could be affected include Barclays, Santander and the UK’s largest motor finance provider Lloyds Banking Group – which organises loans through its Black Horse finance arm.

Lloyds has already set aside £1.2bn to be used for potential compensation.

London, United Kingdom - January 1, 2017: Bank branch and ATM of Lloyds Bank with people around in London, England, United Kingdom

The potential impact on the lending market and the wider economy could be so great that Chancellor Rachel Reeves is considering intervening to overrule the Supreme Court, according to The Guardian.

Treasury officials have been looking at the potential of passing new legislation alongside the Department for Business and Trade that could slash the potential compensation bill.

The Treasury said in response to the claim that it does not “comment on speculation” but hopes to see a “balanced judgment”.

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Inflation: Cost of living challenges require bold decisions

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Inflation: Cost of living challenges require bold decisions

You know bad economic news is looming when a Chancellor of the Exchequer tries to get their retaliation in first.

Treasury guidance on Tuesday afternoon that Rachel Reeves has prioritised easing the cost of living had to be seen in the light of inflation figures, published this morning, and widely expected to rise above 4% for the first time since the aftermath of the energy crisis.

In that context the fact consumer price inflation in September remained level at 3.8% counts as qualified good news for the Treasury, if not consumers.

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The figure remains almost double the Bank of England target of 2%, the rate when Labour took office, but economists at the Bank and beyond do expect this month to mark the peak of this inflationary cycle.

That’s largely because the impact of higher energy prices last year will drop out of calculations next month.

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Inflation sticks at 3.8%

The small surprise to the upside has also improved the chances of an interest rate cut before the end of the year, with markets almost fully pricing expectations of a reduction to 3.75% by December, though rate-setters may hold off at their next meeting early next month.

September’s figure also sets the uplift in benefits from next April so this figure may improve the internal Treasury forecast, but at more than double the rate a year ago it will still add billions to the bill due in the new year.

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Minister ‘not happy with inflation’

For consumers there was good news and bad, and no comfort at all from the knowledge that they face the highest price increases in Europe.

Fuel prices rose but there was welcome relief from the rate of food inflation, which fell to 4.5% from 5.1% in August, still well above the headline rate and an unavoidable cost increase for every household.

Read more from Sky News:
Beef market in turmoil and affecting farmers and consumers
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The chancellor will convene a meeting of cabinet ministers on Thursday to discuss ways to ease the cost of living and has signalled that cutting energy bills is a priority.

The easiest lever for her to pull is to cut the VAT rate on gas and electricity from 5% to zero, which would reduce average bills by around £80 but cost £2.5bn.

More fundamental reform of energy prices, which remain the second-highest in Europe for domestic bill payers and the highest for industrial users, may be required to bring down inflation fast and stimulate growth.

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Schools must be ‘brave enough’ to talk about knives – as Harvey Willgoose’s killer is sentenced

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Schools must be 'brave enough' to talk about knives - as Harvey Willgoose's killer is sentenced

Schools need to be “brave enough” to talk about knives, Sky News has been told, as the killer of Sheffield teenager Harvey Willgoose is sentenced today.

The 15-year-old was stabbed outside the school canteen at All Saints Catholic high school by a fellow pupil in February this year.

His killer, who was also 15 and cannot be identified for legal reasons, had brought a 13cm hunting knife into school.

Harvey Willgoose. Pic: Sophie Willgoose
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Harvey Willgoose. Pic: Sophie Willgoose

Following Harvey’s murder, his parents Caroline and Mark Willgoose told Sky News they wanted to see knife arches in “all secondary schools and colleges”.

“It’s 100% a conversation, I think, that we need to be empowered and brave enough to have,” says Katie Crook, associate vice principal of Penistone Grammar School.

The school, which teaches 2,000 pupils, is just a few miles away from where Harvey was killed.

After being contacted by the Willgoose family, it has decided to install a knife arch.

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The arch – essentially a walk-through metal detector – has been described as a “reassuring tool” and “real success” by school leaders.

“We’re really lucky here that we don’t have a knife crime problem – but we are on the forefront with safeguarding initiatives,” says Mrs Crook.

“I didn’t really think we needed one at first,” says Izzy, 14. “But then I guess at Harvey’s school they wouldn’t think that either and then it did actually happen.”

Joe, 15, says he did find the knife arch “intimidating” at first.

“But after using it a couple of times,” he says, “it’s just like walking through a doorway”.

“And it’s that extra layer of, like, you feel secure in school.”

After Harvey’s death, then home secretary Yvette Cooper said that she would support schools in the use of knife arches.

But there remains no official government policy or national guidance on their use.

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Some headteachers who spoke with Sky News feel knife arches aren’t the answer – saying the issue required a societal approach.

Others said knife arches themselves were a significant expense to schools.

But Mrs Crook says they are “well worth the funding” if they prevent “a student making a catastrophic decision”.

“I’m a parent and, of course, my focus every day is keeping our students safe, just as I want my son to be kept safe in his setting and his school.”

Mrs Crook says she thinks schools would “welcome” a discussion at “national level” about the use of knife arches and other knife-related deterrents in schools.

“It’s sad, though that this is what it’s come to, that we’re having lockdown drills in the UK, in our school settings.

“But I suppose some might argue that has been needed for a long time.”

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Shrinking herds and rising costs: The beef market is in turmoil – and inflation is spiralling

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Shrinking herds and rising costs: The beef market is in turmoil - and inflation is spiralling

If you eat beef, and ever stop to wonder where and how it’s produced, Jonathan Chapman’s farm in the Chiltern Hills west of London is what you might imagine. 

A small native herd, eating only the pasture beneath their hooves in a meadow fringed by beech trees, their leaves turning to match the copper coats of the Ruby Red Devons, selected for slaughter only after fattening naturally during a contented if short existence.

But this bucolic scene belies the turmoil in the beef market, where herds are shrinking, costs are rising, and even the promise of the highest prices in years, driven by the steepest price increase of any foodstuff, is not enough to tempt many farmers to invest.

For centuries, a symbolic staple of the British lunch table, beef now tells us a story about spiralling inflation and structural decline in agriculture.

Mr Chapman has been raising beef for just over a decade. A former champion eventing rider with a livery yard near Chalfont St Giles, the main challenge when he shifted his attention from horses to cows was that prices were too low.

“Ten years ago, the deadweight carcass price for beef was £3.60 a kilo. We might clear £60 a head of cattle,” he says. “The only way we could make the sums add up was to process and sell the meat ourselves.”

Processing a carcass doubles the revenue, from around £2,000 at today’s prices to £4,000. That insight saw his farm sprout a butchery and farm shop under the Native Beef brand. Today, they process two animals a week and sell or store every cut on site, from fillet to dripping.

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Today, farmgate prices are nearly double what they were in 2015 at £6.50 a kilo, down slightly from the April peak of almost £7, but still up around 25% in a year.

For consumers that has made paying more than £5 for a pack of mince the norm. For farmers, rising prices reflect rising costs, long-term trends, and structural changes to the subsidy regime since Brexit.

“Supply and demand is the short answer,” says Mr Chapman.

“Cow numbers have been falling roughly 3% a year for the last decade, probably in this country. Since Brexit, there is virtually no direct support for food in this country. Well over 50% of the beef supply would have come from the dairy herd, but that’s been reducing because farmers just couldn’t make money.”

Political, environmental and economic forces

Beef farmers also face the same costs of trading as every other business. The rise in employers’ national insurance and the minimum wage have increased labour costs, and energy prices remain above the long-term average.

Then there is the weather, the inescapable variable in agriculture that this year delivered a historically dry summer, leaving pastures dormant, reducing hay and silage yields and forcing up feed costs.

Native Beef is not immune to these forces. Mr Chapman has reduced his suckler herd from 110 to 90, culling older cows to reduce costs this winter. If repeated nationally, the full impact of that reduction will only be fully clear in three years’ time, when fewer calves will reach maturity for sale, potentially keeping prices high.

That lag demonstrates one of the challenges in bringing prices down.

Basic economics says high prices ought to provide an opportunity and prompt increased supply, but there is no quick fix. Calves take nine months to gestate and another 20 to 24 months to reach maturity, and without certainty about price, there is greater risk.

There is another long-term issue weighing on farmers of all kinds: inheritance tax. The ending of the exemption for agriculture, announced in the last budget and due to be imposed from next April, has undermined confidence.

Neil Shand of the National Beef Association cites farmers who are spending what available capital they have on expensive life insurance to protect their estates, rather than expanding their herds.

“The farmgate price is such that we should be in an environment that we should be in a great place to expand, there is a market there that wants the product,” he says. “But the inheritance tax challenge has made everyone terrified to invest in something that will be more heavily taxed in the future.”

While some of the issues are domestic, the UK is not alone.

Beef prices are rising in the US and Europe too, but that is small consolation to the consumer, and none at all to the cow.

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