...judgment this is to ignore both the reality of the transaction and general experience. While in legal theory the car remains the property of the finance company until the last hire-purchase instalment is paid, in practice the purcha...-car dealer. At the beginning of May 1987 the first defendant Mr Andrew Jeffrey Rogerson ("the Customer") agreed with the Dealer to buy on hire-purchase a second-hand Honda Prelude motor-car for the.... The Finance Company has a policy that it will not accept a hire-purchase transaction unless the deposit paid represents at least 20% of the total cash price. On 5th May 1987 the Dealer...

...n d R e v e n u e . 725 however, been constructed to be let out on hire purchase agree­ ments, by which agreements the so-called purchaser becomes entitled to purchase the wagons for a nominal sum on payme...of wagons under hire purchase agreements have been unable to fulfil their contracts, and in such cases where it has not been possible to renew the contract in another form the wagons have come back into the possession of th...Company con­ structed wagons to be let on hire (called in the Case “ simple ‘ ‘ hire ’ ’) and also constructed wagons for sale in some cases for cash but generally on what is known as the hire ...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...capital cost of acquiring the computers was provided by a bank or other financial institution ("the funder"). In the first category, which comprises some 632 cases on the administrators' calculations, the computer is owned by the fu...") as distinct from a hire-purchase agreement. For present purposes nothing turns on the distinction between these two categories. The fundamental feature, common to both categories, is that the computers.... Likewise in respect of vehicles or machinery which are in the company's possession under hire purchase agreements and which are being used by a company in the course of carrying on its business...

...liability. 18. In support of this submission, he refers to three cases relating to very different contexts, one to hire purchase, and the others to building contracts. The first, also...provided by a bank. 17. Mr White, for the Government, says that reliance on Esal, and the cases following it, is misconceived. They all relate to irrevocable instruments issued by banks...mother of an infant purchaser under a hire purchase agreement, which contained the following: "I will upon demand pay to you such sum or sums of money as may at any time or from time to...

...prior to judgment. The same would apply to claims on a hire purchase agreement, though commonly, in such cases, the agreement will have been determined and future instalments may, accordingly, be...Cobbold v London Borough of Greenwich, decided on 9th August 1999: "The overriding objective is that the court should deal with cases justly. That includes,...document but signed by the respondent defendant, Mr Dawood, on or about 25th April 1989, Mr Dawood guaranteed repayment of all monies due from one Barry McColgan, with a limit of 300,000 exclusive of...

...to hire purchase agreements with several hire purchase companies. Following the transfer of assets, the appellant hired the equipment back to Plant Hire until that company ceased to trade on 31 Oc...purchase that the appellant took out, which we took to mean that the appellant had acquired goods on hire purchase and allowed Plant Hire to use them but that would not amount to payment made to Plant ...that the hire purchase companies made a supply to the appellant consisting of the letting on their usual hire terms with a right to purchase at the end of the period of hire. 21. ...

...of different categories of cases including demonstrators bought on hire purchase. It states: ...The line of supply...passes through X Finance. Dealers receive a bonus for any...is common ground between the parties that statutory interest is due under section 78 VATA 1994. This must also follow if the Tribunal finds in favour of the Appellant on (b) in respect of those cases...second-hand margin scheme. Consequently it would have been correct to account for VAT to HMRC on any bonus paid given the earlier input tax recovery on purchase. The Appellant accepted that if that were...

...relied, by way of analogy, on the hire purchase cases North General Wagon and Finance Company Ltd v Graham [1950] 2 KB 7 and Union Transport Finance Ltd v...British Car Auctions Ltd [1978] 2 All ER 385. In each case, the hirer purported to dispose of a motor car held under a hire-purchase agreement. In Graham, it was held that on the...hands of Shearson Lehman by a share certificate (No.425) which had been issued to Shear‧son Lehman on 4th December 1991 as the legal owner pursuant to their purchase of those shares from Lehman Bros the...

...sold cars on hire purchase ( HP ). The appeal concerned cases where the customer had defaulted. GMAC would then re-possess the car and sell it at auction. In the cases at issue, the customer would pay.... 72. Under the law, GMAC had to account for VAT on the full sale price on the first sale (albeit it only received part up front under the hire purchase contract). When it repossessed the car, UK ...party in the context of a different transaction in the present case the sale at auction of the car returned by the hire purchase customer has no effect on the conclusion that the taxable person may rely...

...will also have attracted VAT, which the Appellant will have paid as part of his agreement with that company. 11. We are told that it is the practice of hire purchase companies to make the benefit of any input tax cl...1. This appeal concerns a BMW X5 3 litre Diesel Sport vehicle, purchased by the Appellant new on hire purchase in 2005. The issue is as to whether the Appellant, who is...transaction relevant to the purchase. There will firstly have been a sale of the vehicle by the dealer to the lender, ie the hire purchase company, and secondly a sale of the vehicle on hire ...

...Chinery v Viall (1860) 5 H & N 288 and ...5) [2002] 2 AC 883, the damages under a hire purchase agreement fall to be assessed having regard to the true economic purpose of the agreement rather than ...[purchaser] the price of the sheep should vest in him a right of action for the full value without deducting the price". 112. In the hire purchase cases, exemplified by...

...there was a total failure of consideration because the option to purchase, and thereby to acquire good title, was "the essential part" or "the whole object" of the hire purchase contract. Mr Cogley relied on these ...have adopted (or adapted), but on an analysis of the obligations which they have undertaken. The authorities29. I accept also that there are two cases which have...a car to which he would have title and not an unlawful possession which exposed him to liability to the true owner. The hire purchase case of...

...on the application of section 27 of the Hire Purchase Act 1964 ("the 1964 Act"), as substituted by paragraph 22 Schedule 4 to the Consumer Credit Act 1974. The material parts of section 27 provide as...Hylton's Garage in Wolverhampton. The agreed purchase price was 37,500. Mrs Rowley made a part payment in the sum of 15,000. The balance of 22,500 was to be provided on hire-purchase terms by the appellant...conditions of the lease purchase agreement. Those relevant to the arguments on this appeal are contained in clause 1 and clause 10. Clause 1, "AGREEMENT FOR HIRE", provides: "(a)The hiring of...

...) pursuant to the assignment of rights and interests under a hire purchase or conditional sale agreement, or (ii) as part of the assets of a business transferred as a going concern. These cases, which depend on art...Dealerships under the Vehicle Demonstrator Hire Agreement were taxable supplies at the standard rate of VAT. Input tax incurred by the Captive Leasing Companies on the purchase of the vehicles from...being some 30 to 45 days later, SGJ transferred as a going concern the lease agreements and title in the cars to Captive Co 5. Captive Co 5 resolved to purchase the relevant 'hire business' carried on by...

...evidence, and the theory he puts forward—I do not say the legal effect of his evidence—but the theory he advances in his evidence, is that the piano was delivered on what he calls a hire-purchase contract, and in explanatio...piano to him on the hire-purchase system, but the words used by them were consistent with the contract being understood by the defender as a sale of the piano at a price payable by monthly instalments...on several subsequent occasions he had been asked to do so. HeldHeld that the contract proved was one of sale with deferred payment and not a hire-purchase agreement, and Held...

...Act 1994 ("VATA 1994") (Interest in certain cases of official error) on VAT bad debt relief ("BDR") claims arising out of the appellants' car hire purchase business supplies in a period during which..., so far as relevant, as follows: "78 Interest in certain cases of official error (1) Where, due to an error on the part of the Commissioners, a person has...likely the appellants would have delayed claiming while discussing attribution of consideration issues regarding the finance and goods elements of the hire purchase supplies ("the Further Issue"). The...

.... Worcester Works Finance [1968] 30 ER 104 which considered a similar provision in the Hire Purchase Act 1965. At page 121 Lord Wilberforce (with whom Lord Reid agreed) explained that while in all ...referring of which the purchase of a motor car is the most obvious example, the commercial reality involved a system whereby customers expected to acquire goods on hire purchase terms and for those terms to be made...hire agreement and claimed the full amount of the loan.On 27 November 1997 WB, using FMC as its consultants, entered into an agreement with Strategix for the purchase of a new computer...

...yardstick by which to measure the damages payable to the innocent driver for temporary loss of use of his own car. 3.   In cases of this type accident hire companies, or credit hire...could have found the money needed to hire a replacement car until she was reimbursed by Mr Lovell or his insurers. The case proceeded on this..., [2003] QB 36 in which judgment was given in a number of test cases concerning the provision by credit hire companies of car hire and repair services to the innocent vic...

...not arise if possession is given voluntarily by someone entitled to possess the goods, even if he is not the owner. Mr Sandison relied on a recent decision in the context of hire purchase, namely McKinnon ...damages for failure to purchase a new Calor cylinder, neither can the defenders, even if they did procure the breach by the customer. At most the pursuers are liable on an accessory basis for the...describes spuilzie as "a remedy ... used for the protection of actual possession and maintenance of the public peace", The Law of Hire Purchase, 2nd ed. 232, a definition which harks back to sheep...