Avoiding shams through honest intentions and clear paperwork

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Jonathan Crowther explains the UK courts' definition of what constitutes a sham and sets out the rules to keep yourself out of the dock

The definition of a sham employed by the UK courts was given by Lord Diplock in the case of Snook vs London & West Riding Investments [1967]: "With regards the contention of the plaintiff that the transactions were a sham, it is, I think, necessary to consider what, if any, legal concept is involved in the use of this popular and pejorative word. "I apprehend that, if it has any meaning in law, it means acts done or documents executed by the parties to the sham that are intended by them to give to third parties or to the court the appearance of creating between the parties legal right...

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