header-logo header-logo

12 September 2025
Issue: 8130 / Categories: Legal News , Commercial
printer mail-detail

NLJ this week: Redrawing boundaries for fiduciary duties and motor finance claims

229573
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery

The judgment restores orthodoxy, confirming that dealer brokers arranging motor finance do not owe fiduciary duties to customers, and undisclosed commissions do not constitute bribes without such a relationship.

However, the court upheld Mr Johnson’s claim under s 140A of the Consumer Credit Act 1974, finding the lender’s relationship unfair due to undisclosed commissions and lack of transparency.

Morgan highlights the judgment’s impact on consumer protection, commercial certainty, and the evolving regulatory landscape.

Issue: 8130 / Categories: Legal News , Commercial
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
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
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
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
back-to-top-scroll