Legal Basis: Black Horse Ltd v Angel & Ors [2026] EWCA Civ 831
The Court of Appeal dismissed the appeal of eight motor finance lenders, keeping around 5,800 commission claims within eight omnibus claim forms grouped by defendant lender.
The claims allege unfair relationships under section 140A Consumer Credit Act 1974 arising from undisclosed discretionary commission arrangements between lenders and car dealers over a fourteen year period.
Coulson LJ held that the CPR 7.3 convenience test does not require every claim to be resolved by a single common determination. Convenience includes the court's case management powers: generic pleadings, coordinated disclosure and lead cases that drive settlement even where they do not bind every claimant.
The court stressed commercial reality and access to justice: individual claimants face an imbalance of financial power, and forcing separate claims lets defendants settle the strong cases and run the weaker ones into the ground.
The reasoning extends beyond motor finance. The same omnibus treatment is expected for other section 140A credit claims and for cohorts built on data incidents, greenwashing, outages and sales failures. Module 5 presets follow this map.