Mackie Motors (Brechin) Limited v Renault UK Limited & Ors

Facts

Mackie Motors (Brechin) Limited ("MMBL") was a franchised distributor of Renault, Nissan and Dacia cars in the north east of Scotland, with dealership agreements terminable on not less than 24 months' notice and separate finance contracts with RCI Financial Services Limited terminable on 7 days' notice. In late 2021 RCI came to believe MMBL was involved in money laundering and made a suspicious activity report to the NCA on 23 November 2021. Between 24 and 27 November 2021 Renault and Nissan cut off MMBL's access to their information systems and redirected orders to another dealer, Parks of Hamilton Ltd; on 7 December 2021 RCI terminated its contracts. MMBL sued RCI in December 2021 ("the Previous Claim"), alleging abuse of a dominant position and breach of the Unfair Contract Terms Act 1977; interim relief was refused by HHJ Saffman. Its application to amend to plead an implied "umbrella" agreement and to join Renault and Nissan was refused and the claim struck out by Mr Simon Gleeson, sitting as a Deputy High Court Judge, and the appeal was dismissed by the Court of Appeal. MMBL began the present action in July 2025 against Renault, Nissan and RCI, which applied to strike it out as a Henderson v. Henderson abuse or for summary judgment.