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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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