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08 August 2025 / Toby Riley-Smith KC , Thomas Samuels , Douglas Maxwell
Issue: 8128 / Categories: Opinion , Consumer , Financial services litigation , Compensation
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Johnson v FirstRand Bank

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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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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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