Financing Arrangements in UK Law

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Leading Cases
  • Snook v London and West Riding Investments Ltd
    • Court of Appeal (Civil Division)
    • 17 Enero 1967

    I reprehard that, if it has any meaning in law, it means acts done or documents executed by the parties to the "sham" which are intended by them to give to third parties or to the Court the appearance of creating between the parties legal rights and obligation different from the actual legal rights and obligations(if any)which the parties intend to create.

  • Fiona Trust & Holding Corporation and 75 ors. v Yuri Privalov and 28 ors
    • Queen's Bench Division (Commercial Court)
    • 10 Diciembre 2010

    It is true that the schemes said to have been devised by the conspirators were played out on the international stage. They implemented their schemes in different countries according to the business and activity involved. They carried on their banking and conducted their financial dealings through Swiss banks. However, the focus of the conspiracy remained Russian and the collusion was based in Russia although the schemes were played out elsewhere.

  • Barclays Mercantile Business Finance Ltd v Mawson (Inspector of Taxes)
    • House of Lords
    • 25 Noviembre 2004

    The object of granting the allowance is, as we have said, to provide a tax equivalent to the normal accounting deduction from profits for the depreciation of machinery and plant used for the purposes of a trade. Consistently with this purpose, section 24(1) requires that a trader should have incurred capital expenditure on the provision of machinery or plant for the purposes of his trade.

    Mr Boobyer, a director of BMBF, gave unchallenged evidence that from its point of view the purchase and lease back was part of its ordinary trade of finance leasing. Indeed, if one examines the acts and purposes of BMBF, it would be very difficult to come to any other conclusion. But these matters do not affect the reality of the expenditure by BMBF and its acquisition of the pipeline for the purposes of its finance leasing trade.

    If the lessee chooses to make arrangements, even as a preordained part of the transaction for the sale and lease back, which result in the bulk of the purchase price being irrevocably committed to paying the rent, that is no concern of the lessor. From his point of view, the transaction is exactly the same. No one disputes that BMBF had acquired ownership of the pipeline or that it generated income for BMBF in the course of its trade in the form of rent chargeable to corporation tax.

  • Airtours Holidays Transport Ltd v Revenue and Customs Commissioners
    • Supreme Court
    • 11 Mayo 2016

    In other words, as I said in Secret Hotels2 Ltd v Revenue and Customs Comrs [2014] STC 937, para 35, when assessing the VAT consequences of a particular contractual arrangement, the court should, at least normally, characterise the relationships by reference to the contracts and then consider whether that characterisation is vitiated by [any relevant] facts.

  • Barclays Bank Plc v O'Brien
    • Court of Appeal (Civil Division)
    • 22 Mayo 1992

    He made an emotional scene on the day she signed and told her that if she did not sign, the company would be bankrupt and her son John would lose his home. These were heavy family pressures but not particularly unusual nor sufficient, in my opinion, to overset and bear down the will of Mrs. O'Brien. She signed because she was persuaded that it was the right thing to do, not because her husband's pressure deprived her consent of reality.

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  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... otherwise requires) an act which constitutes an offence under—(a) section 15 (fund-raising) , 16 (use and possession) , 17 (funding arrangements) , 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the Terrorism Act 2000 ;(b) paragraph 7(2) or (3) of Schedule 3 (freezing orders: ... ...
  • Sanctions and Anti-Money Laundering Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
  • Taxation (International and Other Provisions) Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... (see section 364 and Schedule 1) ,(b) alternative finance arrangements (see section 365 and Schedule 2) ,(c) leasing arrangements involving ... so far as the actual provision is provision relating to financing arrangements, and(b) condition B is met in relation to the actual ... ...
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... the directors make a proposal under Part 1 (company voluntary arrangements) , and(b) apart from that subsection, the moratorium would end at a time ... consisting of—(i) lending (including the factoring and financing of commercial transactions) ,(ii) financial leasing, or(iii) providing ... ...
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Books & Journal Articles
  • Management Tools—Project Planning Procedures
    • No. 85-9/10, September 1985
    • Industrial Management & Data Systems
    • 7-11
    In order that a manager ensures the smooth running of all project activities through to a successful conclusion he must use the manpower at his disposal to best effect, commit the financial resourc...
    ... ... procedures and controls to monitor achievement progress and financing. Among the best of tools to organise or plan purposeful ac-tivities are ... ; • Organisation chart and job descriptions; • Financing arrangements; • Agreements—contracts; • Schedule—programme; • Administrative ... ...
  • Gridlock and Innovation in Global Governance: The Partial Transnational Solution
    • No. 3-2, May 2012
    • Global Policy
    The political institutions that manage transborder problems are changing, offering new avenues around the inadequacies of the existing multilateral order. Several trends in global politics – for ex...
    ... ... New kinds of governance arrangements may help meet some of the governance gaps that multilateral institutions ... ...
  • Governance and policy relevance of the Nigerian 40-year grassroots revolution: 1976–2016
    • No. 85-4, December 2019
    • International Review of Administrative Sciences
    This article assesses the 40-year-old program of building a third level of governance in Nigeria to improve the democratic and developmental aspirations of Africa’s largest democracy, one of only t...
    ... ... adapt to civilian governance through enhancing accountability arrangements at all the three levels of governance and an asymmetric approach to ... ...
    • No. 92-2, June 2014
    • Public Administration
    This article examines the effect of the three publicness dimensions on inequality in health insurance coverage across 50 American state‐level health care systems. The analysis validates a Gini‐coef...
    ... ... our understanding of the link between different institutional arrangements and inequality in health insurance coverage in hybrid health care systems ... Financing, when accompanied by public control, has an effect on reducing inequality, ... ...
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Law Firm Commentaries
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  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ...  general commercial contracts and arrangements, including agency ...  agreements ...  insurance and/or ...  shipping - construction, ...  shipping - financing ...  shipping – cargo ...  transactions on commodity ... ...
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