FirstRand, a hotly-anticipated Supreme Court judgment likely to arrive in July, could have far-reaching implications for the motor finance and wider financial services industries. In this week’s NLJ, Ceri Morgan, membership secretary of the London Solicitors Litigation Association, and knowledge counsel at Herbert Smith Freehills, explores the fiduciary duties involved, the key questions that will need to be answered by the Supreme Court, and the impact on the motor finance market
Morgan also looks at the case through the lens of constitutional law, namely its impact on separation of powers. Morgan writes that the case’s impact is ‘multifaceted. On one hand, it reinforces the judiciary’s authority to interpret and enforce legal standards, and for regulatory bodies to adapt and respond to judicial decisions. On the other hand, it highlights the need for clearer guidance by way of primary legislation or regulation, as it is not the role of the courts to formulate financial services’ regulatory policy’.
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Categories:
Legal News
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Consumer
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Financial services litigation
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Constitutional law
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Company
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Liability
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