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17 January 2025 / Dominic Regan
Issue: 8100 / Categories: Opinion , Profession , Insurance / reinsurance
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The insider: 17 January 2025

203851
Where would the legal profession be without the humble motorcar & the endless disputes it produces? Dominic Regan steers through credit hire confusion & secret commissions

Thank the Lord for the motor vehicle. The legal profession continues to thrive on the back of disputes generated by it, as recent law reports demonstrate.

The Court of Appeal in Johnson v Firstrand Bank Ltd [2024] EWCA Civ 1282 held that consumers who took out loans to purchase a car were entitled to compensation because the lenders paid a secret commission to the dealer who had referred the borrower to them. The judgment caused financial institutions to wobble amid talk of this opening the way to the next PPI claims bonanza. With remarkable alacrity, the Supreme Court has listed an appeal to be heard over three days, starting on 1 April.

Rob Weir KC won for the claimants in Johnson. He was also instructed by the unsuccessful appellant in the intriguing ongoing EUI Ltd v Smith [2024] EWHC 2803 (KB). This is another chapter in the internecine war between claimants and insurers

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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
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’
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
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
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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