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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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Hugh James—Phil Edwards

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Freeths—Melanie Stancliffe

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DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
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 boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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