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Fiduciary duties: Close but not close enough?

24 October 2025 / Mary Young
Issue: 8136 / Categories: Features , Fraud , Liability , Consumer
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The Supreme Court’s judgment in the motor finance cases sheds light on the law on fiduciary duties, writes Mary Young
  • The Supreme Court judgment in Johnson v FirstRand Bank Ltd and other cases confirmed that the existence of a fiduciary duty is a necessary condition of liability for civil bribery.
  • The court found that car dealers assuming the position of intermediaries or brokers between customers and lenders for car finance did not take on fiduciary roles.
  • This article also considers the Supreme Court decision in Recovery Partners GP Ltd and another v Rukhadze and others, which also involved consideration of issues relating to fiduciary duties and their breach.

The combined motor finance cases now determined by the Supreme Court in Johnson v FirstRand Bank Ltd and other cases [2025] UKSC 33 (also known as Hopcraft v Close Brothers Ltd) have attracted significant interest in the civil fraud world because of the guidance provided in respect of the law of bribery and

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NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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