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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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