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Financial services litigation

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Despite the initial headlines, the decision in Johnson is likely to be the end of a new beginning. Toby Riley-Smith KC, Thomas Samuels & Douglas Maxwell set out why
The Supreme Court’s decision on car dealership commission may have saved the banks but it still leaves the door ‘ajar’ for further claims, lawyers have said
Dan Moore, Richard Ellis & Jack Sears provide a guide for insolvency practitioners
Dan Moore, Richard Ellis and Jack Sears of Charles Russell Speechlys offer a vital guide for insolvency practitioners (IPs) navigating the UK’s financial services regulatory maze, in this week's NLJ
The rules and regulations on debanking (where a bank terminates its relationship with a customer) are due to change next year. In this week’s NLJ, David Hamilton, partner at Howard Kennedy, sets out the likely changes and explores the implications for payment services firms
David Hamilton on how the UK’s new debanking rules reshape financial services risk management
Ceri Morgan analyses the response to lender liability in motor finance broker commission cases
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
The Johnson v FirstRand Bank case on ‘secret’ commissions for motor finance is causing quite a stir, but should it have been brought at all? In this week’s NLJ, Fred Philpott, Gough Square Chambers, writes: ‘The whole premise of the case is false; there were no real “commissions”, let alone fiduciary relationships.’
Johnson v FirstRand sent ‘shockwaves through the financial services industry’, write Eddie Flanagan, partner and specialist in asset and debt recovery, and Harpreet Sandhu, Chartered Legal Executive at Shakespeare Martineau, in this week’s NLJ. They discuss the case and its astonishing implications. For example, Santander UK revealed in November that it has set aside £295m for potential compensation.
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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