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Johnson v FirstRand Bank

© Copyright LexisNexis 2026. All Rights Reserved.
08 August 2025 / Toby Riley-Smith KC , Thomas Samuels , Douglas Maxwell
Issue: 8128 / Categories: Opinion , Consumer , Financial services litigation , Compensation
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Despite the initial headlines, the decision in Johnson is likely to be the end of a new beginning. Toby Riley-Smith KC, Thomas Samuels & Douglas Maxwell set out why

Suppose that, in order to discuss the Supreme Court’s recent decision in Johnson v FirstRand Bank [2025] UKSC 33, we decided to go for lunch on a Sunday afternoon. We enter a pub and before ordering lunch ask (in the words of the Supreme Court) the wine waiter to recommend the best wine to pair with our lunch within our specified budget. Our knowledge of wine is very limited, and in truth our palates are quite unsophisticated. The waiter tells us he will get the best wine possible within our budget (he has even managed to get us to agree to go slightly beyond our budget because this one in their words is ‘very special’, ‘the best deal possible’, ‘perfect for us’). We are in a bit of a rush to discuss the impact of Johnson, so we don’t read the wine list or research the

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