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The insider: 17 January 2025

17 January 2025 / Dominic Regan
Issue: 8100 / Categories: Opinion , Profession , Insurance / reinsurance
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Where would the legal profession be without the humble motorcar & the endless disputes it produces? Dominic Regan steers through credit hire confusion & secret commissions

Thank the Lord for the motor vehicle. The legal profession continues to thrive on the back of disputes generated by it, as recent law reports demonstrate.

The Court of Appeal in Johnson v Firstrand Bank Ltd [2024] EWCA Civ 1282 held that consumers who took out loans to purchase a car were entitled to compensation because the lenders paid a secret commission to the dealer who had referred the borrower to them. The judgment caused financial institutions to wobble amid talk of this opening the way to the next PPI claims bonanza. With remarkable alacrity, the Supreme Court has listed an appeal to be heard over three days, starting on 1 April.

Rob Weir KC won for the claimants in Johnson. He was also instructed by the unsuccessful appellant in the intriguing ongoing EUI Ltd v Smith [2024] EWHC 2803 (KB). This

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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