Finance and Markets in UK Law
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MacNiven v Westmoreland Investments Ltd
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But, as I am sure Lord Brightman would be the first to acknowledge, the Ramsay approach is no more than a useful aid. The paramount question always is one of interpretation of the particular statutory provision and its application to the facts of the case. Where this leads depends upon the particular set of facts and the particular statute.
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Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
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This doctrine may owe something to the fact that 18 th and 19 th century Britain was an imperial power, trading and financing development all over the world. It was often the case that the principal creditors were in Britain but many of the debtor's assets were in foreign jurisdictions. Universality of bankruptcy protected the position of British creditors. But universality of bankruptcy has long been an aspiration, if not always fully achieved, of United Kingdom law.
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Regal (Hastings) Ltd v Gulliver
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The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.
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Secretary of State for Trade and Industry v Deverell and Another
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(2) The purpose of the legislation is to identify those, other than professional advisers, with real influence in the corporate affairs of the company. (2) The purpose of the legislation is to identify those, other than professional advisers, with real influence in the corporate affairs of the company.
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Foskett v McKeown
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It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.
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Ensign Tankers (Leasing) Ltd v Stokes
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In Overseas Containers (Finance) Ltd. v. Stoker [1989] 1 W.L.R. 606 a parent company, anticipating losses on capital account in respect of loans repayable in German currency formed the taxpayer company as a finance company which took over the loans, sustained the losses and claimed to deduct the loans for the purposes of corporation tax.
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The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
... ... directive;;“sovereign debt” has the meaning given by Article 4.1.61 of the markets in financial instruments directive;;“structured finance products” has the meaning given in Article 4.1.48 of the markets in financial instruments directive;;“systematic internaliser” has the meaning ... ...
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... for certain other offences) of the Financial Services and Markets Act 2000 ... Annotations: Amendments (Textual) # F4 2000 c.8. Section ... 17 (funding arrangements) , 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the Terrorism Act 2000 ;(b) paragraph 7(2) or (3) of ... ...
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The Mortgage Credit Directive Order 2015
... ... 15 of Schedule 1 (amendments to the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013) ... (4) ... previously purchased, or is entering into the contract in order to finance the purchase by the borrower of, the land to which the agreement ... ...
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The Russia (Sanctions) (EU Exit) Regulations 2019
... ... 9(2) F199or 9B(2) (confidential information) ,(b) by Part 3 (Finance) ,(c) by Part 5 (Trade) ,F167(d) under Part 6 (Ships) ,F166(da) by ... for permission under Part 4A of the Financial Services and Markets Act 2000 if it had its registered office (or if it does not have one, its ... ...
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Where are Islamic finance indices pointing towards?. Lessons from experimental ‘pockets’ of Islamic financial regulation on international stock markets
Purpose: This paper aims to survey the screening practices and regulatory arrangements that can be gleaned from the experience of Islamic financial indices on international stock markets. Such indi...
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Dual Credit Markets and Household Usage to Finance: Evidence from a Representative Chinese Household Survey
Using a new and representative data set of Chinese household finance, we document household usage and costs of finance, along with their correlates. As in many developing countries, informal credit...
- Book Review: Philip G. Cerny (ed.), Finance and World Politics: Markets, Regimes and States in the Post-hegemonic Era (Aldershot: Edward Elgar, Studies in International Political Economy Series, 1993. 234 pp., £39.95 hbk.)
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Led by finance: Greg Scanlon ACMA, CGMA, senior manager with Pfizer's finance portfolio management and optimisation group, reports on how he led a project to extend the pharmaceutical giant's financial shared-services model into emerging markets.
...THE BACKGROUND Pfizer markets medicines, vaccines and many well-known consumer healthcare products in both the developed and developing world. By 2012 we had established commercial and manufacturing finance teams in a number of emerging economies, bu......
- How ESG Is Impacting The European Leveraged Finance Markets
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UK Finance blog on what does the Financial Services and Markets Bill mean for UK capital markets
On 3 August 2022, UK Finance published a blog ‘What does the Financial Services and Markets Bill mean for UK capital markets?’ UK Finance has been readily engaged in driving and shaping the market ...
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UK Finance blog on what does the Financial Services and Markets Bill mean for UK capital markets
On 3 August 2022, UK Finance published a blog ‘What does the Financial Services and Markets Bill mean for UK capital markets?’ UK Finance has been readily engaged in driving and shaping the market ...
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The FCA's final ban on right of first refusal/right to act provisions: will it affect corporate lending and acquisition finance markets?
On 27 June, the UK Financial Conduct Authority (FCA) published a policy statement setting out the final form of its proposed ban on right of first refusal and right to act provisions relating to th...