A SCOTTISH businessman who is locked in a bitter legal battle with car giants Renault and Nissan after he was forced to close his family-run dealership after 45 years has won the latest stage of his claim.
Kevin Mackie is suing Renault, Nissan and finance firm RCI, as he claims they destroyed his Mackie Motors business, based in Brechin, after he was left with no choice but to sell the dealership just days before Christmas in 2021 in a bid to save 75 local jobs.
The 58-year-old has been handed a victory in the lawsuit after a judge rejected an appeal challenge by the defendants in the latest ruling of the case.
It comes after a judge ruled last month that Renault and Nissan must appear in court for the first time after they withdrew access to customer orders, parts, systems and manufacturer support following RCI’s suspicions of money laundering.
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Mackie’s lawyers argue that RCI unlawfully pressured Renault and Nissan to sever ties with the business despite the claims of money laundering never being substantiated or formally investigated.
The businessman has claimed that he was cut off from vehicles and finance at seven days’ notice and is now seeking up to £18 million in damages in what court documents allege was a coordinated and unjustified campaign that destroyed the family dealership.
Deputy High Court Judge Lance Ashworth KC said an appeal had “no realistic prospect of success,” as first reported by The Courier.
Adding: “They (the defendants) do not like the conclusions I reached, but that is not a ground for an appeal.”
The judge also ordered Renault, Nissan and RCI to pay Mackie Motors £117,500 in legal costs relating to the failed application, reducing the figure from the £194,000 being sought by Mackie.
A motion to the Court of Appeal is the final challenge available to the defendants and must be submitted within 21 days.
The defendants had appealed to have the case struck off completely, but Renault, Nissan and RCI have now been blocked from appealing that decision.
Mackie, managing director of Mackie Motors, claimed Renault, Nissan and RCI have spent years trying to ensure his “evidence was never heard” in court.
“Their attempt to shut the case down has now failed,” he said.
“Their lawyers may claim the issue is settled, but the reality is, Renault and Nissan have never had to answer for why they shuttered my family’s 45-year old business just days ahead of Christmas, putting dozens of jobs at risk in a small community.”
He added: “I now look forward to showing the Court why Mackie Motors could not continue when Renault and Nissan withdrew the very lifeblood of a franchised dealership and stopped supplying the cars.
“This process has exposed extensive mismanagement by a number of involved parties. At trial, the documents, witnesses and disclosure will finally reveal exactly what happened and who was responsible.”
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Mackie has alleged that over two days in November 2021, Renault and Nissan “unilaterally terminated” Mackie Motors’ access to key systems without notice or any valid contractual or legal basis.
He also claimed that almost simultaneously, the manufacturers stopped MMBL’s access to parts ordering systems and new deliveries.
Mackie said he was forced to sell his business to the Parks Motor Group to save 75 local jobs at the time and is now claiming for compensation.
Documents submitted to the court allege that senior officials within RCI made inflammatory statements during internal meetings, including a directive to “get this bastard Mackie”.
In 2023, the High Court and Court of Appeal ruled finance firm RCI had the right to terminate arrangements with the dealership at short notice.
However, last year Mackie launched fresh proceedings against RCI as well as Renault and Nissan.
A High Court hearing took place in London in May.
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