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08 August 2025
Issue: 8128 / Categories: Legal News , Consumer , Financial services litigation , Compensation
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NLJ this week: Supreme Court redraws the map on motor finance

The Supreme Court’s historic ruling in Johnson v FirstRand Bank [2025] UKSC 33 is unpacked by Toby Riley-Smith KC, Thomas Samuels and Douglas Maxwell of Henderson Chambers in this week's NLJ

The judgment overturns the Court of Appeal’s finding that car dealers acted as fiduciaries when arranging finance, rejecting the idea that subjective trust creates legal duties. The court clarified that fiduciary relationships require an objective assumption of exclusive loyalty, which was absent in these tripartite transactions.

It also ruled that the tort of bribery demands a fiduciary link, correcting prior case law. Crucially, the decision redefines what counts as ‘secret commissions’, requiring full disclosure of material facts.

While Mr Johnson’s agreement was deemed unfair under the Consumer Credit Act, the ruling leaves key questions open—especially around disclosure and collective redress. With thousands of motor finance claims pending, this judgment reshapes the legal terrain but signals more litigation ahead.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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