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21 February 2025 / Henry Warwick KC , Douglas Maxwell
Issue: 8105 / Categories: Features , Company , Consumer
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Johnson v FirstRand Bank Limited

208717
Henry Warwick KC & Douglas Maxwell discuss the £30bn+ decision for the Supreme Court
  • An in-depth explanation of the decision of the Court of Appeal in Johnson, including the key issues to be considered by the Supreme Court.
  • Includes discussion of the potential impacts of the decision.

In 2021, the Financial Conduct Authority (FCA) took measures to ban arrangements for the payment of commissions using so-called ‘discretionary difference in charges’ (or ‘DiC’) models. These had been used by lenders to incentivise car dealers to offer motor finance to customers at rates of interest set or negotiated by the dealer, where dealers would earn higher commission for negotiating higher rates. The FCA did not ban other fixed commission models, which remain in use today. Generally, a lender need only disclose the amount of a commission it pays if it is asked to. But notwithstanding the ban, in the words of a well-known circuit judge, the County Court has ‘seen explosive growth in the last few years’

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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