Financing in UK Law

Leading Cases
  • Camas Plc v Atkinson (Inspector of Taxes)
    • Chancery Division
    • 07 Julio 2003

    They also carried out an assessment of the borrowing requirements in the event that the takeover offer succeeded. Together with Schroders and Warburgs they attended a number of board meetings. Shearman & Sterling advised on US anti-trust issues and provided an analysis of the impact of US securities laws. FPC Greenaway are printers and their services related to printing the offer documentation, listing particulars, circulars to shareholders and some press releases.

    I am unable to see how the cost of any of this can fairly be described as part of the cost of acquisition in the sense that brokerage fees, payments for financing and stamp duty obviously are, and the Special Commissioners have reached their conclusion, in my judgment, by asking themselves the wrong question.

  • Volkswagen Financial Services (UK) Ltd v Revenue and Customs Commissioners
    • Court of Appeal (Civil Division)
    • 28 Julio 2015

    The dispute about the recoverability of residual input tax in relation to the taxable supplies of vehicles centres on the fact that none of the relevant portion of overheads attributable to the retail sector is recovered as part of the price of the vehicle.

  • Crema v Cenkos Securities Plc
    • Queen's Bench Division (Commercial Court)
    • 16 Marzo 2010

    In my judgment the sense of this letter, and of the earlier letters and discussions, is that as broker and sub-broker, Cenkos and Mr Crema were in it together. Any other arrangement would be rather uncommercial, placing the whole risk of non-payment by GPV on Cenkos. There was an expected fund of brokerage to be received from GPV. They would share in it 70:30 in relation to investments raised by Mr Crema.

  • Commissioners of Customs and Excise v Redrow Group Plc
    • House of Lords
    • 11 Febrero 1999

    Once the taxpayer has identified the payment the question to be asked is: did he obtain anything - anything at all - used or to be used for the purposes of his business in return for that payment? This will normally consist of the supply of goods or services to the taxpayer. But it may equally well consist of the right to have goods delivered or services rendered to a third party.

  • Aluminium Industrie Vaassen B.v v Romalpa Aluminium Ltd
    • Court of Appeal (Civil Division)
    • 16 Enero 1976

    I see no difficulty in the contractual concept that, as between the appellants and their sub-purchasers, the appellants sold as principals, but that, as between themselves and the respondents, those goods which they were selling as principals within their implied authority from the respondents were the respondents' goods which they were selling as agents for the respondents to whom they remained fully accountable.

  • Thomas Crema v Cenkos Securities Plc
    • Court of Appeal (Civil Division)
    • 20 Enero 2011

    (3) The question of implication of terms only arises when the instrument does not expressly provide for what is to happen when some particular (often unforeseen) event occurs. that something is to happen in that particular event which is not expressly dealt with in the instrument's terms, then it is said that the court implies a term as to what will happen if the event in question occurs.

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Books & Journal Articles
  • Financing rebellion
    • Núm. 54-2, Marzo 2017
    • Journal of Peace Research
    A prominent explanation of the resource–conflict relationship suggests that natural resources finance rebellion by permitting rebel leaders the opportunity to purchase weapons, fighters, and local ...
  • Review: Financing Development
    • Núm. 64-2, Junio 2009
    • International Journal
  • Counter Terrorism Financing
    • Núm. 6-3, Septiembre 2015
    • New Journal of European Criminal Law
  • Ten myths about terrorist financing
    • Núm. 12-2, Mayo 2009
    • Journal of Money Laundering Control
    • 189-205
    Purpose: The purpose of this paper is to present ten myths of terrorist financing policy. Design/methodology/approach: It is argued that post 9/11 literature on terrorism misunderstands the relati...
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Law Firm Commentaries
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