Mackie Motors (Brechin) Ltd (claimant/appellant) v RCI Financial Services Ltd (defendant/respondent)

Wednesday 15 March 2023

By appellant’s notice filed on 6 October 2022, , the claimant/appellant appeals the order of Deputy High Court Judge Gleeson dated 22 July 2022, whereby he ordered that the amendment application and transfer application be dismissed, and the original claim be struck out.

The claimant had made applications to amend the original claim and add Renault UK Ltd and Nissan Motor (GB) as parties and to transfer the proceedings to the Commercial Court. The defendant had applied to strike out the original claim.

The claimant had been a Renault, Nissan (and later Dacia) franchised car dealership. The defendant, RCI, was a wholly owned subsidiary of Renault, established for the purpose of providing finance in respect of the sale of cars manufactured by Renault, Nissan and Dacia. RCI cut off the claimant’s access to the financing and administrative services previously provided to the claimant on the basis of suspected money laundering. The claimant issued an urgent claim for injunctive relief against RCI. The case set out in the original claim was that RCI had abused its dominant position in serving the Notices. There was an ancillary argument that the provision entitling RCI to terminate on 7 days’ notice were unfair.

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Part 2