Banking and Finance in UK Law

Leading Cases
  • HM Revenue and Customs v Axa Uk Plc
    • Court of Appeal
    • 20 Dic 2011

    As to the effect of the ruling in the present case, in my judgment, it is clear that the Court of Justice concluded that the words "debt collection" in the carve out have a meaning capable of being applied to "transactions concerning payments" within the exemption in article 13B(d)(3) (judgment, paragraph 28, last sentence). It then has to be decided whether the actual transaction in question falls within the exemption or the carve out, and this will depend on its precise facts.

  • Lipkin Gorman (A Firm)(Original Appellants and Cross-Respondents) v Karpnale Ltd (Formerly Playboy Club of London Ltd) (Original Respondents and Cross-Appellants)
    • House of Lords
    • 06 Jun 1991

    In these circumstances, it is right that we should ask ourselves: why do we feel that it would be unjust to allow restitution in cases such as these? The answer must be that, where an innocent defendant's position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the plaintiff restitution.

  • Wallersteiner v Moir
    • Court of Appeal
    • 21 May 1974

    Dr. Wallersteiner obtained control of a public company, Hartley Baird Ltd., by means which were quite unlawful. He acquired 80% of the shares by using its own money. He operated by means of puppet concerns of his own making. All these he brought into his service to further his unworthy ends. His solicitors refused to act further for him. The Board of Trade has ordered an inquiry under the Companies Act. The liquidator of Camp Bird has brought proceedings against him.

  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 Jun 2013

    The object of the direction, as the Treasury acknowledges, was to shut the Bank out of the UK financial sector, and that has been its effect. Before the direction, the Bank had a substantial international business, much of it international trade finance transacted through London.

    While the courts will not usually require decision-makers to consult substantial categories of people liable to be affected by a proposed measure, the number of people to be consulted in this case was just one, Bank Mellat, and possibly also IRISL depending on the circumstances of their case. But the principle which required it is more than a principle of fairness.

  • R v Panel on Take-overs and Mergers, ex parte Datafin Plc
    • Court of Appeal
    • 05 Dic 1986

    No one could have been in the least surprised if the Panel had been instituted and operated under the direct authority of statute law, since it operates wholly in the public domain. Its Code and rulings apply equally to all who wish to make take-over bids or promote mergers, whether or not they are members of bodies represented on the Panel.

  • Amalgamated Investment & Property Company Ltd v Texas Commerce International Bank Ltd
    • Court of Appeal
    • 31 Jul 1981

    When the parties to a transaction proceed on the basis of an underlying assumption—either of fact or of law—whether due to misrepresentation or mistake makes no difference—on which they have conducted the dealings between them—neither of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If he does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.

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Books & Journal Articles
    • Núm. 450, Marzo 2018
    • African Business
    ...The African Export-Import Bank [Afreximbank] is a pan-African multilateral financial institution established in 1993, for the purpose of financing and promoting intra and extra African trade. "The Bank" is currently hiring the below positions. All po......
  • Mediating effects of funding strategies and profit maximization: Indian non‐banking finance sector
    • Núm. 6-1, Enero 2012
    • Journal of Asia Business Studies
    Purpose: The mobilization of funds was severely affected with the linking of their funds mobilization to their internal owned funds. Therefore, the purpose of the study is to identify the mediating...
    • Núm. 2001, Junio 2001
    • The Middle East
    ...ARAB BANKING AND FINANCE 2001 17th Edition Published by Tele-Gulf Directory Publications WLL Price $79.00 A significant year for the Arab Banks. An increasingly open global financial sector means that banks need growth and development to make an im......
    • Núm. 2000, Junio 2000
    • The Middle East
    ...ARAB BANKING AND FINANCE 2000 16th edition published by TELE-GULF Directory Publications WLL Price $79.00 During 1999 the world witnessed a sharp decline in the financial markets, currency fluctuations, a slump in oil prices, the creation of the Eu......
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Law Firm Commentaries
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