“…e approach described in Barclays Mercantile and the earlier cases in this line of authority has nothing to do with the concept of a sham, as explained in Snook [1967] 2 QB 786. On the contrary, as Lord Steyn observed in McGuckian [1997] 1 WLR 991, 1001, tax avoidance is the spur to executing genuine documents and entering into genuin…”
“… paragraph 20, that “the essential question in each case is what were the terms of the agreement.” He referred to Snookv London and West Riding Investments Ltd [1967] 2 QB 786 in which Diplock LJ had referred to the concept of a sham as being acts done or documents executed by the parties intended by both of them to give an appearanc…”
“…may be described as a “sham”, but it does not have to be a sham in the particular sense defined by Diplock LJ in Snook v London and West Riding Investments Ltd [1967] 2 QB 786.…”
“…the contract to pass to that person; see for a useful discussion as to what is meant by a sham per Diplock LJ in Snook v London and West Riding Investments Ltd [1967] 2 QB 786 at page 802, where he said:…”