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24 October 2025 / Mary Young
Issue: 8136 / Categories: Features , Fraud , Liability , Consumer
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Fiduciary duties: Close but not close enough?

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The Supreme Court’s judgment in the motor finance cases sheds light on the law on fiduciary duties, writes Mary Young
  • The Supreme Court judgment in Johnson v FirstRand Bank Ltd and other cases confirmed that the existence of a fiduciary duty is a necessary condition of liability for civil bribery.
  • The court found that car dealers assuming the position of intermediaries or brokers between customers and lenders for car finance did not take on fiduciary roles.
  • This article also considers the Supreme Court decision in Recovery Partners GP Ltd and another v Rukhadze and others, which also involved consideration of issues relating to fiduciary duties and their breach.

The combined motor finance cases now determined by the Supreme Court in Johnson v FirstRand Bank Ltd and other cases [2025] UKSC 33 (also known as Hopcraft v Close Brothers Ltd) have attracted significant interest in the civil fraud world because of the guidance provided in respect of the law of bribery

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