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ARTICLE · 22 SEPTEMBER 2025

Fiduciary Relationships Reshaped

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Our recent article in the New Law Journal explores how the Supreme Court's decision in Hopcraft signals a return to orthodoxy on fiduciary duties and common law bribery

United KingdomConsumer Protection
Ceri Morgan
Ceri Morgan
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Our recent article in the New Law Journal explores how the Supreme Court's decision in Hopcraft signals a return to orthodoxy on fiduciary duties and common law bribery.

HSF Kramer LLP have published an article in the New Law Journal on the Supreme Court's landmark decision in Hopcraft & Anor v Close Brothers Limited [2025] UKSC 33.

The three conjoined appeals considered the sale of motor finance to financially unsophisticated consumers buying second hand cars.In a unanimous judgment, the Supreme Court allowed the lenders' appeal in part. The judgment restores orthodoxy in the law of fiduciary duties and common law bribery, while simultaneously providing a basis and benchmark for future motor finance commission claims under s 140A of the Consumer Credit Act 1974 (CCA 1974).

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