Autumn 2025
Barings Law Newsletter
As we enter the final quarter of 2025, Barings Law reflects on what has been a truly exceptional year so far, marked by remarkable successes across all departments and significant developments that have strengthened our position as champions of consumer rights.
This quarter brings particularly exciting news as we welcome new leadership to the firm. Following his successful acquisition of the whole business in July, we’re delighted to introduce Robert Whitehead as our new Chairman and owner of the firm – you can read more about Robert and his vision for Barings Law’s future below.
The legal landscape has presented both challenges and opportunities this year, none more significant than the Supreme Court judgment regarding motor finance claims. You can read the full judgment here. Whilst this landmark decision has required us to revisit our litigation strategy, our commitment to our clients remains unwavering. We are working diligently with regulatory bodies to ensure our clients receive the redress they rightfully deserve, adapting our approach to meet the evolving requirements of this important area of law.
Our firm has dominated the headlines following the lifting of the super-injunction in the Afghan MoD data breach case on July 15 – a significant victory that demonstrates our continued dedication to protecting the rights – and lives – of those affected by such breaches.
Across our other claim types, momentum continues to build. Our Business Interruption, Bank Fraud, and Irresponsible Lending lawyers have had a number of successful outcomes, and our Data Misuse lawyers continue to pursue justice for clients whose personal information has been compromised.
Since acquiring the firm, Robert has led the recruitment of a number of new staff to ensure that we will continue to build on the success we have enjoyed so far this year.
As we look toward to the final three months of 2025, we do so with confidence, determination, and an enhanced team ready to tackle the challenges ahead. With new leadership, proven expertise, and an unwavering commitment to delivering access to justice for all, we’re now well positioned to make these final months our most successful yet.
We thank you sincerely for your continued instructions, trust and support as we work tirelessly to deliver the positive outcomes you deserve.
Start your bank fraud claim today
Bank fraud is on the rise, with scammers using increasingly sophisticated methods to target individuals and businesses. Too often, victims are left feeling powerless when banks refuse to reimburse stolen funds.
At Barings Law, our dedicated Bank Fraud team has successfully recovered thousands of pounds in compensation for clients who were initially turned away by their banks.
We believe no victim should be left without support, and we are committed to fighting for what is rightfully yours.
If you’ve been a victim of bank fraud, we are here to help. Click the button below to start your claim today.
Important Claim Updates
We are continuing our review of the Supreme Court decision in Johnson, Wrench, and Hopcraft concerning undisclosed commissions paid by lenders to brokers and car dealers. This decision directly affects all motor finance commission claims. We are mindful of the proposed consultation on a potential Financial Conduct Authority redress scheme and intend to contribute to the consultation.
In April 2026 the Court of Appeal will hear the Defendants’ appeals of the judgment in Angel and Others v Black Horse Limited and Others concerning whether multiple claimants can bring their motor finance commission claims together as omnibus claims under Civil Procedure Rule 7.3. Barings were successful on appeal earlier this year, with the High Court finding that multiple claimants’ claims can be conveniently disposed of in the same proceedings, pursuant to Civil Procedure Rule 7.3. We continue our preparation for the upcoming hearing and will be filing relevant documents this month in favour of the Defendants’ appeals being dismissed.
We continue to represent many of our clients whose claims have been issued on an individual basis in the County Courts across England and Wales. A significant number of claims were stayed (paused) pending the Supreme Court judgment being published. We have been writing to the courts to lift the stays and are now preparing for the forthcoming trials of those claims.
Capita plc
Continuing from a two-day case management hearing in June 2025, we have been liaising with the defendants’ legal representatives with the aim of further narrowing down matters of dispute. We also have a court timetable in place, and we are working towards ensuring everything is ready in preparation for this. Capita have also admitted they breached the security failing placed upon them under the General Data Protection Regulations (GDPR), which is a welcome admission.
We do not expect a significant update regarding this case until the end of 2025. However, we will keep you updated with any progress made.
Zellis
We now have a court timetable in place regarding our claim against Zellis and are working in accordance to this to ensure everything is prepared. The court has stated that a trial will be listed after October 2026. We do not expect a significant update regarding this case until the middle of 2026, but we will keep you updated with any progress made.
SSCL
An application for anonymity has been made in the High Court and we have formally issued court proceedings. Additionally, the defendant has provided their consent to the anonymity application. We are now waiting for the court to provide us with a hearing date for the anonymity application.
Microsoft and Google
We have now served draft Particulars of Claim and a Letter Before Action to Google and Microsoft. These documents set out the legal basis of the claimant’s case. We expect a response from them within six to eight weeks.
We will update you once we have received this response and we are able to outline the next steps in the claim.
Gambling
We have issued a new questionnaire to our Sky Bet claimants. Once this information has been received, we will be writing to the defendant setting out the legal basis on behalf of our clients. We will be using the Sky Bet cases as test cases, and other cases will be stayed until we receive the outcome. Once we have received this, we will be able to issue court proceedings against other defendants.
Arnold Clark
The claim form and particulars are currently being reviewed and finalised for issue in due course.
We will provide you with an update once this is complete with an outline of the next steps in the claim.
Ministry of Defence – Afghanistan Data Breach
The Ministry of Defence have requested the identities of our claimants. We are in the process of sending this alongside issuing a Letter of Claim over the coming weeks.
South Staffs Water
We now have a court timetable in place regarding our claim against South Staffs Water. We are now working towards this while corresponding with the defendants’ legal representatives. We have several documents that we will be filing over the coming weeks. We expect further developments in this case to come towards the end of 2026. We will keep you updated with any progress made in the meantime.
Corona Energy
We have an application hearing in October 2026. This is due to Corona Energy failing to disclose the commission amount on any cases. We filed an application to court, after which the commission amount was disclosed. The hearing will deal with the costs involved.
In the meantime, we continue to await the remainder of commission disclosures on the cases that have not had this.
Opus Gas, British Gas, TotalEnergies, Drax, ENGIE
Cases regarding the above defendants, which have been issued in court, have all been stayed pending a test case in the Supreme Court. Once the decision is handed down, the stays will be lifted – we anticipate this to happen in the middle of 2026.
The test case, Expert Tooling and Automation Limited v Engie Power Limited, concerns the liability of someone who pays commission to the agent of a third-party principle, where the circumstances of the commission are only partially disclosed to the principle (also referred to as a “half-secret” commission case).
The claimant, Expert Tooling, is a manufacturer of tools and related equipment and machinery, which means it consumes a significant amount of energy. The defendant, Engie Power Limited, supplies the electricity. Expert Tooling used the services of a third-party broker, Utilitywise plc, to negotiate and, in some cases, execute on its behalf electricity supply contracts with Engie Power. Utilitywise was paid nothing by Expert Tooling, but received commission from Engie Power. The amount of this was added to the unit price Expert Tooling paid for electricity under its contracts with Engie. Expert Tooling was aware that Utilitywise would be paid commission by Engie, but did not know other material matters, including how much. Utilitywise was dissolved in May 2022, having gone into administration in February 2019.
In other cases, we are still trying to engage with the defendants in the hope they settle matters amicably. Where this is failing, we are preparing documents for court issuing.
We are currently awaiting commission disclosure on cases from Yu Energy, Gazprom, Smartest energy, Valda, EON, Crown Gas and Power, Utilita and Pozitive Energy.
Radius Cases
These cases are still progressing towards settlement, with most being at the stage where quantum is being discussed with the insurers. Many of the disputes are in relation to issues such as re-triggers and periods of loss, but ultimately, we anticipate that settlement will be reached in all cases.
Premises Cases
In December 2024, the Supreme Court refused permission to the insurers who wished to appeal the Court of Appeal’s judgment in the ‘At the Premises’ appeals, which had been handed down in September 2024. This brought to an end all rights of appeal, meaning that the decision of the Court of Appeal is now binding in all ‘At the Premises’ claims on issues of policy construction.
We are seeing a hardening of approach by a number of insurers in terms of the evidential discussions that we are continuing to have with them, with several liability arguments regarding notification requirements under the policy not having been met being raised by various insurers. In terms of the evidential issues, there is currently no judicial guidance over the burden of proof required to establish that Covid-19 was present at the premises at the material time and so we are involved in various discussions on this subject which impact the vast majority of our premises cases. Some insurers are setting out the evidence which they consider is required in order to establish proof of Covid-19 at the premises, whereas others are taking more of a blanket denial of the evidence provided and are inviting discontinuance of the claims or in some cases, threatening to make strike-out applications. We remain in the midst of discussing this evidence with those insurers and those who remain open to discussing settlement with a view to agreeing how these claims are to progress, whilst working with our clients to deal with the challenges made to the quality of their evidence by certain insurers.
We are preparing for a preliminary issues trial on issues of policy construction in a test case concerning notification requirement issues which is listed for early November, and a Costs and Case Management Conferences which is scheduled to take place later the same month.
Public Emergency Cases
Barings are still pressing forward with numerous different categories of ‘Public Emergency’ type policies which are at varying stages of progression, but which are nearing conclusion, with the remaining issues mostly centred on issues of re-triggers and/or quantum.
Current Legislation
A number of these cases have now settled with the remainder moving closer to settlement. All the cohorts of claims are subject to a stay of the litigation to allow settlement of all claims to be achieved.
AA Clauses
All cohorts have reached agreement to settle in various fashions. Two of the cohorts have agreements to pay up to the financial cap in the policy for the lockdown periods as interim payments, with the intention of discussing further triggers thereafter. One of the cohorts has agreement to indemnify and pay out up to the financial cap in the policy for all of the triggers, with the final cohort currently featuring a quantum dispute. As such, our focus here remains on quantifying losses and continuing to formulate our arguments over re-triggers with a view to entering into settlement negotiations.
Denial of Access Cases (Public Emergency)
These claims are taking several different routes. Two cohorts have now settled, with a further currently in settlement discussions.
Denial of Access (Standard)
Whilst the Court of Appeal decision on the ‘incident’ wording in the case of International Entertainment Holdings v Allianz was in favour of the insurers, the other claims that we have with similar wording are wider in their scope and so we are proceeding with the litigation in this area. Two additional cohorts are therefore still subject to indemnity disputes and are proceeding to preliminary issues trials. Those two cohorts proceeding have overlapping issues with another firm’s ongoing litigation, and we are currently discussing with them and the Defendants the ability to collectively case manage all of these cases to streamline these matters and share the risk of costs. These discussions have progressed, and we now have two Costs and Case Management Conferences in the pipeline, the first being in December. The other date is yet to be confirmed but will almost certainly be in January 2026.
Bomb Hoax Clause Cases
These claims are continuing to progress positively, with a number of settlements having been achieved on both cohorts of the claims with offers continuing to be received in respect of the unresolved claims. Our focus in these claims, aside from reviewing and advising on the offers received, is around financial evidence gathering for those claims where this remains outstanding with a view to presenting all claims to the insurers for consideration and prompt payment.
Quarterly Settlement Performance
During the period June to August 2025, we have agreed interim or final damages of more than £685K on behalf of 24 clients, with a number of other offers having been received from insurers which are being reviewed and discussed with clients.
We are pleased to update you following the recent Supreme Court Judgment in Johnson and Others v FirstRand Bank Limited and another [UKSC/2024/0158].
This important decision has provided further clarity in the area of undisclosed commissions. As a result, we are now reviewing our cases in light of the judgment with a view to progressing them further.
Our priority is to ensure that every case is assessed carefully and advanced in the strongest possible way. We remain committed to achieving the best outcomes for our clients.
We will keep you updated as matters develop and will be in touch with further news about the progress of your claim.
Barings Law continues to represent clients who have suffered significant financial losses as a result of negligent advice in relation to the transfer of accrued pension benefits. These cases are often highly complex, involving intricate regulatory frameworks, transactional routes and investment structures. Our team is committed to navigating these complexities on behalf of our clients, ensuring they obtain the redress they both need and deserve.
With the support and intervention of the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS), we have seen a notable rise in successful outcomes for claims brought against financial advisers and ceding providers. In many cases, we have secured substantial cash compensation. Where monetary redress is not possible, we have successfully negotiated the reinstatement of pension benefits – restoring clients, as far as possible, to the financial position they would have been in had the negligent transfer not taken place.
These results reflect more than just positive case outcomes; they demonstrate our unwavering dedication to achieving fair and just solutions for those affected. We fully understand the devastating and long-term consequences of negligent pension advice, including the impact on retirement security, lifestyle and peace of mind. Barings Law remains steadfast in its mission to hold negligent advisers accountable, challenge improper practices and pursue every available avenue of redress.
Our priority is to protect our clients’ financial futures and ensure they receive the justice and compensation to which they are entitled.
The Banking Claims department is continuing to successfully represent hundreds of clients that have fallen victim to sophisticated scam operations resulting in significant financial losses.
This quarter, the department continues to see high-quantum upheld claims from the Financial Ombudsman Service for numerous banks’ failure to implement appropriate fraud prevention measures to identify unusual spending habits, high-risk recipients and the hallmarks of potential scam operations.
Our dedicated team of legal experts will continue to work tirelessly to recover lost funds and provide much-needed support and assistance to those affected.
Barings Law continues to represent thousands of clients and pursue irresponsible lending cases over numerous product types.
We continue to receive settlement offers from numerous lenders across numerous credit facilities such as credit cards, store cards, catalogue cards, overdraft facilities and unsecured personal loans.
Further to this, the department continues to liaise with the Financial Ombudsman Service (FOS) and has seen a notable increase in upheld determinations from the FOS, securing further settlements for our clients.
We are currently awaiting to receive outcomes for a number of cases at the FOS to determine whether our clients are eligible for a refund of interest and associated charges under their agreements through breaches of the relevant regulatory rules and guidance.
Our team is committed to thoroughly investigating each case to identify failings by lenders in ensuring they are providing suitable credit facilities to consumers and ensuring accountability for these lenders.
We will continue to work diligently to ensure our clients receive the compensation they are due, helping to restore their financial security.
In the last quarter, our Immigration department has continued to deliver successful outcomes for clients facing urgent and complex immigration issues. Below is a summary of recent notable cases:
1. First-tier Tribunal – Asylum Appeal Allowed Under Article 3
On 11 August, we successfully represented a client before the First-tier Tribunal in an asylum appeal. The client, who arrived in the UK from Iraq seeking asylum, was granted protection under Article 3 of the European Convention on Human Rights (ECHR) following our submissions.
Our Trainee Solicitor, Marinela Bouzo, handled the case, delivering both oral and written submissions before the First-tier tribunal Judge. The Home Office did not to appeal the Judge’s decision. As a result, the client is now entitled to remain in the UK under Article 3 ECHR.
2. First-tier Tribunal – Immigration Bail Granted Despite Home Office Opposition
On 10 September, we successfully represented a client in an immigration bail hearing before the First-tier Tribunal. The Home Office opposed bail, arguing that the client’s removal was imminent within two to three weeks. However, following our submissions and the supporting documents/evidence that demonstrated a barrier to removal, the Tribunal Judge found that removal was not imminent as claimed by the Home Office representatives. Consequently, the Judge granted bail, and the client is expected to be released from the immigration detention centre within 72 hours. Counsel Lawrence Youssefian from Goldsmiths Chambers was instructed for the bail hearing, and Marinela Bouzo submitted written submissions on behalf of the client.
3. FM v Secretary of State for the Home Department – Judicial Review Permission Granted
On 28 August, the Upper Tribunal granted permission for Judicial Review in the case of FM v Secretary of State for the Home Department. The challenge related to the refusal to treat further submissions as a fresh protection and human rights claim under paragraph 353 of the Immigration Rules. The Judge found it arguable that the Secretary of State had acted irrationally in concluding that the Applicant’s claim did not have a realistic prospect of success before an Immigration Judge. Permission was granted on all grounds advanced in our application. Counsel, Lawrence Youssefian was instructed in this matter.
We are continuing to progress a series of claims against St James’s Place (SJP) relating to charges levied for ongoing advice services which were either not provided or for which SJP has been unable to provide adequate evidence of delivery.
To date, we have received multiple settlement offers from SJP. However, the terms proposed have, in many instances, been unduly onerous. We are actively engaged in negotiating revised terms that are fair and proportionate, with the aim of securing more favourable outcomes for our clients.
One particular claim has now been escalated to the Financial Ombudsman Service (FOS) for independent review, specifically in relation to the settlement terms offered. We are currently awaiting a decision from FOS in that matter.
In addition, FOS is reviewing the application of limitation. Their involvement in this aspect is welcome and will provide valuable clarification, allowing us to assess legal timeframes with greater certainty. This will assist in shaping our broader strategy and prioritisation of claims moving forward.
Barings In The News
Start Your Data Misuse Claim Against gambling companies Today
Gambling companies have been secretly tracking visitors to their websites and sharing their data to Facebook’s parent company without explicit consent in a serious breach of data protection laws.
This unlawful data transfer has allowed Meta the power to profile people as gamblers and then target them with a flood of betting advertisements, raising serious concerns over privacy and ethical marketing practices.
If you have used gambling companies such as Hollywoodbets, Lottoland, Ladbrokes, Tombola and Sky Bet among others, you may be eligible to claim compensation.
To start your claim, simply click the button below.
Barings Law News
We are pleased to announce a significant milestone for Barings Law as we welcome Robert Whitehead as our Chairman and owner of the firm, following his purchase of the firm in July.
The transition marks an exciting new chapter for Barings Law, as Robert takes the helm from Craig Cooper, who served the firm with distinction for many years. Under Craig’s leadership, Barings Law established itself as a formidable advocate for consumer rights, successfully helping thousands of clients secure the redress they deserved. We extend our heartfelt gratitude to Craig for his pivotal role in shaping Barings Law into the practice it is today.
As the new Chairman, Robert will bring a fresh perspective and renewed energy as he looks to continue Barings’ mission of fighting for justice on our clients’ behalf. His appointment represents an opportunity for growth and enhancement of our services. We anticipate that his influence will lead to a more transparent relationship with our clients, aided by greater communication and support services.
Speaking about his new role, Robert shared his vision for the firm’s future.
“I am honoured to take on the role of Chairman at Barings Law and look forward to leading the firm as we continue our fight for justice on behalf of our clients,” he said. “Looking ahead, my focus will be on enhancing our clients’ experience at Barings Law by introducing several improvements to enhance the customer journey and strengthen our communication with our clients through the claims process.
“We hope that our clients will find these changes both helpful and reassuring.”
As we move forward under Robert’s leadership, our clients can be assured that the firm’s dedication to securing the redress they deserve remains as strong as ever.
Featured Claim Types
Microsoft and Google Data Misuse
After almost two years of investigating, we believe that Microsoft and Google have been using personal data to train their artificial intelligence (AI) models without proper, informed consent of their users.
At Barings Law, we take data privacy seriously which is why we are pursuing legal action against the tech giant.
If you have a Microsoft and/or Google account, or have ever used any of their products, including LinkedIn, Outlook, Office, Gmail or Xbox Game Pass, you may be eligible to claim compensation. To get started, click the ‘Start Your Claim’ button below.
Gambling Website Data Misuse
Gambling companies have been secretly tracking visitors to their websites and sharing their data to Facebook’s parent company without explicit consent in a serious breach of data protection laws.
This unlawful data transfer has allowed Meta the power to profile people as gamblers and then target them with a flood of betting advertisements, raising serious concerns over privacy and ethical marketing practices.
If you have used gambling companies such as Hollywoodbets, Lottoland, Ladbrokes, Tombola and Sky Bet among others, you may be eligible to claim compensation.
For further information, or to start your claim, simply click the button below.
Irresponsible Lending
Lenders across the UK have been found to be issuing loans and credit agreements without carrying out proper affordability checks, leaving many people trapped in cycles of unmanageable debt.
The irresponsible lending has pushed thousands into financial hardship, with borrowers paying excessive interest and charges on credit they could never realistically afford.
If you have taken out loans, credit cards, payday advances or other forms of credit and struggled to meet repayments, you may be entitled to claim compensation.
For further information, or to start your claim, simply click the button below.
Inside Barings Law
@baringslaw This year's annual sports day was one to remember! The sun was shining (maybe a little too much 🌞), but we pushed through the heat with plenty of fun, laughter and teamwork - all in aid of raising money for @Mental Health Uk. A massive thank you to everyone who came along, joined in, donated and cheered us on. And of course, a special shoutout to our pizza legends @Flamed Pizzas for keeping us fuelled 🍕. Watch to the end - let's just say, someone may have been a little too confident about their win... #SportsDay #Fun #Athletics #Sports #BaringsLaw ♬ original sound - BaringsLaw
At Barings Law, we believe that wellbeing and teamwork go hand in hand, which is why our annual sports day has become such an important tradition. The event gives our colleagues from across the firm the opportunity to step away from their desks, connect with one another, and enjoy some healthy competition in the spirit of team building.
This year’s sports day carried an extra layer of significance as we hosted the event in support of our newly partnered charity, Mental Health UK. While we’ll be sharing more details about our exciting partnership very soon, we were delighted to use this occasion to begin raising both awareness and funds for the cause.
Despite the soaring temperatures on the day, our teams rose to the challenge with enthusiasm and energy. From tug of war and relay races to rounders and other classic games, the atmosphere was full of laughter, encouragement and determination. Thanks to everyone’s efforts, we are proud to announce that we raised £219 for Mental Health UK.
We would like to extend a heartfelt thank you to all our colleagues who took part and supported the day—it’s your spirit and generosity that made the event such a success. A special word of appreciation must also go to our dedicated events committee, who once again went above and beyond to ensure every detail was taken care of and that everyone felt included and valued.
Here’s to another fantastic sports day next year!
If you have any queries relating to your claim, we are available on 0161 200 9960 between 9am and 5pm, Monday to Friday.
For more information and news about the claim types we cover, click the button below to visit our News and Insights page, or follow us on social media.
