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07 February 2025 / Dominic Regan
Issue: 8103 / Categories: Opinion , Collective action , Profession , Privacy , Litigation funding
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The insider: 7 February 2025

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How will you spend your £4 Mastercard payout? Dominic Regan tots up collective action anti-climaxes & laments expectation versus reality

The Supreme Court, which decided 43 cases in 2024, is to start hearing on 1 April a three-day long appeal in Johnson v FirstRand Bank Ltd [2024] EWCA Civ 1282. Car dealers who arranged finance for their customers received a secret commission from the lender. In the case of the lead claimant, the commission was £1,650 on the acquisition of a modest Suzuki Swift costing £6,499. The Court of Appeal held that the dealer owed a fiduciary duty to the purchaser. If upheld, the cost to lenders could be as much as £44bn, according to HSBC.

Group actions being pursued in the Competition Appeal Tribunal (CAT) have become fashionable. However, the first case to be tried was slung out. The class representative was pursuing compensation in excess of £1.1bn on behalf of up to 3.7m customers of BT. Simmons and Simmons saw off the entire claim, reported at Justin Le Patourel v BT Group PLC [2024] CAT 76.

Meanwhile,

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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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