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NLJ this week: Redrawing boundaries for fiduciary duties and motor finance claims

12 September 2025
Issue: 8130 / Categories: Legal News , Commercial
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Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery

The judgment restores orthodoxy, confirming that dealer brokers arranging motor finance do not owe fiduciary duties to customers, and undisclosed commissions do not constitute bribes without such a relationship.

However, the court upheld Mr Johnson’s claim under s 140A of the Consumer Credit Act 1974, finding the lender’s relationship unfair due to undisclosed commissions and lack of transparency.

Morgan highlights the judgment’s impact on consumer protection, commercial certainty, and the evolving regulatory landscape.

Issue: 8130 / Categories: Legal News , Commercial
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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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