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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

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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