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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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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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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Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
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In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained. In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained.
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Ayerst v C. & K. (Construction) Ltd
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It is no misuse of language to describe the property as being held by the trustee on a statutory trust if the qualifying adjective "statutory" is understood as indicating that the trust does not bear all the indicia which characterise a trust as it was recognised by the Court of Chancery apart from statute.
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Ramsay (W T) Ltd v Commissioners of Inland Revenue
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It is the task of the court to ascertain the legal nature of any transaction to which it is sought to attach a tax or a tax consequence and if that emerges from a series or combination of transactions, intended to operate as such, it is that series or combination which may be regarded.
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The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
... ... 8 ... Consequential amendments PART 8 ... Consequential amendments ... Amendments to the Finance Act 1991 Amendments to the Finance Act 1991 ... 20. —(1) The Finance Act 1991 62 is amended as follows ... (2) In section 116 (investment ... ...
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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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Financial Services Act 2021
... ... 22An Act to make provision about financial services and markets; to make provision about debt respite schemes; to make provision about ... of the rules on the ability of CRR firms to continue to provide finance to businesses and consumers in the United Kingdom on a sustainable basis ... ...
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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...
- 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......
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Predicted property investment returns: risk and growth models
Purpose: The purpose of this paper is to discuss the principal measures of performance used in property and other investment types. In particular, the briefing will explore the relationship of the ...... ... models is akin to the Fisher and Gordon growth models used inother finance markets.Practical implications –This comparison of the models can work ... ...
- 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...