With its ruling in the car finance case, the UK supreme court sent a clear message: some motorists purchased vehicles with deals that were indeed unfair, but it’s not the judiciary’s job to redraw the boundaries of consumer protection law. That burden, the justices suggested, rests with regulators and elected governments. This reasoning is in line with a major speech in June by the court’s president, Lord Reed, who argued that judges aren’t policymakers – and shouldn’t be. He led a bench that nonetheless upheld a finding of unfairness in the case of the factory supervisor Marcus Johnson. The court flagged the danger, defined the threshold – but stopped short of imposing redress itself.

Now, the baton has been passed. Millions could get payouts if the Financial Conduct Authority (FCA) follows the court ruling with its proposed redress scheme, now out for........

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