header-logo header-logo

08 August 2025
Issue: 8128 / Categories: Legal News , Consumer , Financial services litigation , Compensation
printer mail-detail

NLJ this week: Supreme Court redraws the map on motor finance

The Supreme Court’s historic ruling in Johnson v FirstRand Bank [2025] UKSC 33 is unpacked by Toby Riley-Smith KC, Thomas Samuels and Douglas Maxwell of Henderson Chambers in this week's NLJ

The judgment overturns the Court of Appeal’s finding that car dealers acted as fiduciaries when arranging finance, rejecting the idea that subjective trust creates legal duties. The court clarified that fiduciary relationships require an objective assumption of exclusive loyalty, which was absent in these tripartite transactions.

It also ruled that the tort of bribery demands a fiduciary link, correcting prior case law. Crucially, the decision redefines what counts as ‘secret commissions’, requiring full disclosure of material facts.

While Mr Johnson’s agreement was deemed unfair under the Consumer Credit Act, the ruling leaves key questions open—especially around disclosure and collective redress. With thousands of motor finance claims pending, this judgment reshapes the legal terrain but signals more litigation ahead.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll