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24 October 2025
Issue: 8136 / Categories: Legal News , Fraud , Consumer , Liability
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NLJ this week: Motor commissions & fiduciary duties

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The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings

The court held that car dealers arranging finance were not fiduciaries and thus not liable for civil bribery when receiving commissions, since genuine fiduciary loyalty demands selfless commitment incompatible with commercial self-interest.

The companion ruling reaffirmed that fiduciaries who profit without informed consent must disgorge all gains, rejecting a ‘but-for’ causation test.

Together, the cases restore orthodox equity: only those accepting roles of exclusive loyalty bear fiduciary obligations, and profits made in breach must be surrendered regardless of causation. Young concludes that transparency and consent remain the bulwarks against allegations of secret commission or bribery.

MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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