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 present case, like MacNiven, illustrates the need for a close analysis of what, on a purposive construction, the statute actually requires. 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.

    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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Legislation
  • Finance (No. 2) Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ......, or advice, in connection with—(a) the person’s pension arrangements, or(b) the use of the person’s pension funds.(6) Condition A is that ... the purposes of corporation tax in respect of interest and other financing costs. S-21 . Museum and gallery exhibitions 21 Museum and gallery ......
  • Finance (No. 2) Act 2005
    • UK Non-devolved
    • 1 de Enero de 2005
    ...... . (3) In section 80A (arrangements for reimbursing customers)— . . (a) in subsection (2)(a), for ...Financing of companies etc Financing of companies etc . S-40 . Transfer pricing ......
  • Taxation (International and Other Provisions) Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ......(c) Part 6 (tax arbitrage),. . . (d) Part 7 (tax treatment of financing costs and income), and. . . (e) Part 8 (offshore funds). . (2) Part 9 ... . . (b) alternative finance arrangements (see section 365 and Schedule 2),. . . (c) leasing arrangements ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... rules provided by an international organisation or international financing institution where the public contracts or design contests concerned are ... documents, the contracting authority shall define the arrangements applicable to intellectual property rights. . (23) In the case of an ......
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Books & Journal Articles
  • Management Tools—Project Planning Procedures
    • Nbr. 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 ......
  • Governance and policy relevance of the Nigerian 40-year grassroots revolution: 1976–2016
    • Nbr. 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 ......
  • Gridlock and Innovation in Global Governance: The Partial Transnational Solution
    • Nbr. 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 ......
  • PUBLIC RESPONSIBILITY AND INEQUALITY IN HEALTH INSURANCE COVERAGE: AN EXAMINATION OF AMERICAN STATE HEALTH CARE SYSTEMS
    • Nbr. 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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Forms
  • Chapter INTM489725
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......There are separate conditions (A and B) relating to financing arrangements and provisions which are not financing arrangements. ......
  • Chapter INTM413180
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... rules where persons have “acted together” in relation to the financing arrangements of a company or partnership. It is included as a type of ......
  • Chapter INTM519040
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ....../Sch 28AA/PARA4A, “acted together” - in relation to the financing arrangements of a company or partnership. The legislation is considered at ......
  • Chapter CFM92060
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Section 321 (2) - fixed-term financing arrangements. TIOPA10/S321 (1) (b) provides that a finance arrangement is ......
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