Finance and Markets in UK Law

Leading Cases
  • MacNiven v Westmoreland Investments Ltd
    • House of Lords
    • 08 Febrero 2001

    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.

    The limitations of the Ramsay principle therefore arise out of the paramount necessity of giving effect to the statutory language. Although slightly expanded by a definition in paragraph 1(2), the statutory language defines the document subject to duty essentially by reference to external legal concepts such as ‘conveyance’ and ‘sale’. If a transaction falls within the legal description, it makes no difference that it has no business purpose.

  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 Mayo 2006

    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.

  • Regal (Hastings) Ltd v Gulliver
    • House of Lords
    • 20 Febrero 1942

    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.

  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 Mayo 1972

    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.

  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 Noviembre 1996

    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.

  • Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
    • House of Lords
    • 30 Julio 2009

    Though not essential to my reasoning, I also consider that the principle established in In re Hampshire Land Company, Belmont Finance and Attorney General's Reference (No 2 of 1982) points towards the same result It prevents a company being treated as party to a fraud committed by its officers "on" or "against" the company, at least in the context of claims by the company for redress for offences committed against the company: Belmont Finance, 261D-H, per Buckley LJ, and 271F-G, per Goff LJ, and Attorney General's Reference (No 2 of 1982), p.640A-B, per Kerr LJ; and see Edwards Karwacki Smith & Co. Pty. Ltd. v Jacka Nominees Pty. Ltd. (1994) 15 ACSR 502, 515-517.

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Legislation
  • The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • The Mortgage Credit Directive Order 2015
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • The Russia (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 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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Books & Journal Articles
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Law Firm Commentaries
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