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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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