Financing in UK Law

Leading Cases
  • Camas Plc v Atkinson (Inspector of Taxes)
    • Chancery Division
    • 07 Jul 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
    • 28 Jul 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 Mar 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.

  • Astor Management AG (formerly known as MRI Holding AG) and Another v Atalaya Mining Plc (formerly known as Emed Mining Public Ltd) and Others
    • Queen's Bench Division (Commercial Court)
    • 06 Mar 2017

    The role of the court in a commercial dispute is to give legal effect to what the parties have agreed, not to throw its hands in the air and refuse to do so because the parties have not made its task easy. To hold that a clause is too uncertain to be enforceable is a last resort or, as Lord Denning MR once put it, "a counsel of despair": see Nea Agrex SA v Baltic Shipping Co Ltd [1976] 1 QB 933, 943.

  • Commissioners of Customs and Excise v Redrow Group Plc
    • House of Lords
    • 11 Fev 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.

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Books & Journal Articles
  • Financing Africa.
    • Núm. 2000, May 2000
    • African Business
    ...Where there is risk, there is profit In the wake of the spring meetings of the International Monetary Fund (IMF) and World Bank, the The Economist ran a special three-page story on emerging economies. The article gave a quick overview of recent tre......
  • Ten myths about terrorist financing
    • Núm. 12-2, May 2009
    • Journal of Money Laundering Control
    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...
  • Debt financing puzzle and internationalization
    • Núm. 13-1, January 2019
    • Journal of Asia Business Studies
    Purpose: This study aims to examine the relation between long-term debt and internationalization in the presence of the agency costs of debt and business risk. Design/methodology/approach: Sample ...
  • The war against terrorist financing
    • Núm. 6-4, October 2003
    • Journal of Money Laundering Control
    Presents a view on the war on terror from the perspective of a small country, the Bahamas, which is an offshore financial centre. Recounts the dispute between the Financial Action Task Force and th...
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Law Firm Commentaries
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