Commission payments in financial services
Browne Jacobson provides specialist legal and regulatory support to insurers, intermediaries, and other financial services businesses affected by the Supreme Court’s decision in Johnson v FirstRand Bank.
This significant judgment is set to have far-reaching consequences across financial services and insurance, beyond motor finance
We help firms navigate the complex legal, regulatory, and operational challenges arising from this landmark decision. We can help you understand your obligations, manage risk, and protect your business.
Our team combines deep sector knowledge with practical experience in regulatory compliance, dispute resolution, and risk management. We work with businesses of all sizes, from major insurers to specialist brokers and intermediaries, delivering tailored solutions that address both immediate and long-term needs.
Our key services
- Review and assess: Conducting in-depth audits and reviews of your commission arrangements, distribution agreements and complaint records to identify areas of exposure and non-compliance.
- Implement changes and compliance: Helping you update policies, processes, and disclosures to meet regulatory expectations and ensure ongoing compliance across your business and distribution networks.
- Proactive complaint management: Designing and implementing complaint handling strategies that deliver fair, timely outcomes and protect your reputation with policyholders and partners.
- Ongoing support, including through redress: Guiding you through the unique challenges of any redress schemes that might be implemented by the FCA and keeping you up to date with the impact on insurance products and distribution chains.
For tailored advice and practical solutions to your motor finance commission challenges, contact our team today.
Commission payments services
Internal audit
We conduct a comprehensive review of your internal policies, commission arrangements, sales practices and disclosures, to identify areas of non-compliance or risk specific to insurers and intermediaries.
Customer account review
Analysing of policyholder and intermediary files to pinpoint specific areas of exposure arising from present and historic commission arrangements.
Complaint and claims handling support
We evaluate your existing and historic complaints to determine patterns, potential liabilities, and whether your current approach aligns with the new legal requirements.
Financial exposure assessment
We quantify your potential financial exposure, including scenario modelling for redress, complaint volumes, and operational impact, supporting your financial planning and reporting.
Transparent disclosure
We help you draft and implement clear, comprehensive, and prominent commission disclosures, ensuring policyholders and partners are fully informed about the existence, amount, and calculation of any commission.
Informed consent
We advise on obtaining and documenting express and informed consent to commission arrangements, going beyond generic statements to meet the new legal threshold.
Review sales processes
We map and review your sales and distribution journey, including online and in-person channels, to ensure compliance with the latest legal and regulatory expectations at every customer and intermediary touchpoint.
Develop complaint handling plan
We design and implement robust complaint handling frameworks, including escalation procedures, staff training, and integration with your customer service operations.
Monitor and review
We provide ongoing monitoring and periodic reviews to ensure continued compliance, adapting your processes as the regulatory landscape evolves.
For further support, see our customer understanding product and use of language and numbers page.
Prompt acknowledgement
We help you establish systems for the immediate logging and acknowledgement of complaints, ensuring compliance with FCA expectations and minimising reputational risk arising from delay.
Fair and timely resolution
We support you with the efficient investigation and resolution of complaints, with a focus on fairness, transparency, and regulatory compliance.
Learn from complaints
We analyse complaint data to identify root causes, inform process improvements, and reduce the risk of future claims.
Understanding the issues
We provide clear, practical guidance on the legal and regulatory issues at the heart of the commission scandal, including the implications for your business and your customers.
Awareness of redress schemes
Our experts keep you informed about potential industry-wide redress schemes, FCA consultations, and Financial Ombudsman Service (FOS) developments, helping you prepare for and manage redress obligations.
Stay informed
We monitor ongoing legal, regulatory, and market developments, providing timely updates and strategic advice to ensure you remain ahead of the curve.
Internal audit
We conduct a comprehensive review of your internal policies, commission arrangements, sales practices and disclosures, to identify areas of non-compliance or risk specific to insurers and intermediaries.
Customer account review
Analysing of policyholder and intermediary files to pinpoint specific areas of exposure arising from present and historic commission arrangements.
Complaint and claims handling support
We evaluate your existing and historic complaints to determine patterns, potential liabilities, and whether your current approach aligns with the new legal requirements.
Financial exposure assessment
We quantify your potential financial exposure, including scenario modelling for redress, complaint volumes, and operational impact, supporting your financial planning and reporting.
Transparent disclosure
We help you draft and implement clear, comprehensive, and prominent commission disclosures, ensuring policyholders and partners are fully informed about the existence, amount, and calculation of any commission.
Informed consent
We advise on obtaining and documenting express and informed consent to commission arrangements, going beyond generic statements to meet the new legal threshold.
Review sales processes
We map and review your sales and distribution journey, including online and in-person channels, to ensure compliance with the latest legal and regulatory expectations at every customer and intermediary touchpoint.
Develop complaint handling plan
We design and implement robust complaint handling frameworks, including escalation procedures, staff training, and integration with your customer service operations.
Monitor and review
We provide ongoing monitoring and periodic reviews to ensure continued compliance, adapting your processes as the regulatory landscape evolves.
For further support, see our customer understanding product and use of language and numbers page.
Prompt acknowledgement
We help you establish systems for the immediate logging and acknowledgement of complaints, ensuring compliance with FCA expectations and minimising reputational risk arising from delay.
Fair and timely resolution
We support you with the efficient investigation and resolution of complaints, with a focus on fairness, transparency, and regulatory compliance.
Learn from complaints
We analyse complaint data to identify root causes, inform process improvements, and reduce the risk of future claims.
Understanding the issues
We provide clear, practical guidance on the legal and regulatory issues at the heart of the commission scandal, including the implications for your business and your customers.
Awareness of redress schemes
Our experts keep you informed about potential industry-wide redress schemes, FCA consultations, and Financial Ombudsman Service (FOS) developments, helping you prepare for and manage redress obligations.
Stay informed
We monitor ongoing legal, regulatory, and market developments, providing timely updates and strategic advice to ensure you remain ahead of the curve.
Featured experience
Claims handling and outsourcing: Market leading claims solutions
Running market leading claims handling schemes for insurers across multiple lines of business which consistently deliver outstanding outcomes for our clients, their policyholders and brokers.
Claims and complaint surge handling
Following the UK COVID-19 lockdowns, we enabled multiple clients to deal with thousands of claims/complaints and regulatory action.
Claims handling and outsourcing: Pre-litigated claims
Remotely operated in the shoes of a large client handling pre-litigated claims through their own case management system.
Key contacts
Jonathan Newbold
Partner
Jeremy Irving
Partner
Helen Simm
Partner
Joe Price
Senior Associate
Penny Hallam
Legal Director
Tom Murrell
Associate
Lisa Wright
Barrister (Senior Associate)
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Published Article
‘What if…?’: How the ‘FirstRand’ commissions case could affect insurance: Part 3: Duties, liability and remedies
Published Article
‘What if …?’: How the ‘FirstRand’ commissions case could affect insurance: Part 2: The regulatory dimension
Published Article
‘What if …?’: How the ‘FirstRand’ commissions case could affect insurance (Part 1)
Published Article
Johnson et al v FirstRand Bank: Judgment sends warning across financial services intermediation
