header-logo header-logo

07 February 2025 / Dominic Regan
Issue: 8103 / Categories: Opinion , Collective action , Profession , Privacy , Litigation funding
printer mail-detail

The insider: 7 February 2025

207255
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll