CCLFR research seminar with Dr Derek WhaymanInfo Location Contact More Info Event Information
DescriptionEvent time: 12:00-13:00 Title: ‘Secret Fees, Intermediaries and the Consequences of the Motor Finance Litigation’ Abstract In Johnson v FirstRand Bank Ltd [2024] EWCA Civ 1282, the Court of Appeal held that lenders were liable to pay consumers the money value of the secret fees they paid to the motor dealers who sold them cars on finance. The Supreme Court will hear the appeal of this monumental case on April 1–3 2025. This presentation will introduce attendees to the broad themes and issues: (1) The justification for liability and how the law developed; (2) The matters the Supreme Court will want to consider; (3) The emergence of a consumer/commercial divide in the fiduciary duty of loyalty (from which Johnson liability arises); and (4) the importance of private law research in delimiting the options in what is generally expected to be a policy-based decision.
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ContactMore InformationBio Derek Whayman is a Lecturer in Law at the University of Reading. He previously worked at Newcastle University where he was awarded a PhD in 2017. He has held positions as a visiting researcher at the University of Melbourne in 2019 and at King’s College London in 2023. He is co-convenor of the Property and Trusts section of the Society of Legal Scholars. Derek’s research has two main foci: the nature of the trust and fiduciary relation; and the limitations of objectivism in private law. His approach is to treat this research as the long-term form of what goes on in the higher courts in rationalising and developing the law. |