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07 February 2025 / Dominic Regan
Issue: 8103 / Categories: Opinion , Collective action , Profession , Privacy , Litigation funding
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The insider: 7 February 2025

207255
How will you spend your £4 Mastercard payout? Dominic Regan tots up collective action anti-climaxes & laments expectation versus reality

The Supreme Court, which decided 43 cases in 2024, is to start hearing on 1 April a three-day long appeal in Johnson v FirstRand Bank Ltd [2024] EWCA Civ 1282. Car dealers who arranged finance for their customers received a secret commission from the lender. In the case of the lead claimant, the commission was £1,650 on the acquisition of a modest Suzuki Swift costing £6,499. The Court of Appeal held that the dealer owed a fiduciary duty to the purchaser. If upheld, the cost to lenders could be as much as £44bn, according to HSBC.

Group actions being pursued in the Competition Appeal Tribunal (CAT) have become fashionable. However, the first case to be tried was slung out. The class representative was pursuing compensation in excess of £1.1bn on behalf of up to 3.7m customers of BT. Simmons and Simmons saw off the entire claim, reported at

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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