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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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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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