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30.    Financial commitments, contingent liabilities and subsequent events

    2004   2003  
    £m   £m  




 
Contracts placed for capital expenditure not provided in the accounts 879   616  




 
Operating lease payments payable within one year of the balance sheet date were in respect of leases expiring:        
  Within one year 8   11  
  Between one and five years 29   26  
  After five years 330   317  




 
Total payable within one year 367   354  




 
Future minimum operating lease payments for the group at 31 March 2004 were as follows:   2004  
    £m  



 
Payable in the year ending 31 March:      
2005   367  
2006   361  
2007   362  
2008   367  
2009   369  
Thereafter   9,088  



 
Total future minimum operating lease payments   10,914  



 

Operating lease commitments were mainly in respect of leases of land and buildings.
     At 31 March 2004, other than disclosed below there were no contingent liabilities or guarantees other than those arising in the ordinary course of the group’s business and on these no material losses are anticipated. The group has insurance cover to certain limits for major risks on property and major claims in connection with legal liabilities arising in the course of its operations. Otherwise, the group generally carries its own risks.
     
The group has provided guarantees relating to certain leases entered into by O2 UK Limited prior to its demerger with mmO2 on 19 November 2001, mmO2 plc has given BT a counterindemnity for these guarantees. The maximum likely exposure is US$76 million (£41 million) as at 31 March 2004, although this could increase by a further US$582 million, (£317 million) in the event of credit default in respect of amounts used to defease future lease obligations. The guarantee lasts until O2 UK Ltd has discharged all its obligations, which is expected to be when the lease ends on 30 January 2017.
     The group has guaranteed part of the bank borrowings of its joint venture Albacom SpA under the terms of the joint venture’s refinancing in the 2004 financial year. This expires on the earlier of the loan being repaid or 31 October 2011. The guarantee is triggered if Albacom fails to meet the repayment schedule under the terms of the loan and is effectively capped at 34.5 million.
     The company does not believe there are any pending legal proceedings which would have a material adverse effect on the financial position or results of operations of the group.
     Proceedings have been initiated in Italy against 21 defendants, including a former BT employee, in connection with the Italian UMTS auction. Blu, in which BT held a minority interest, participated in that auction process. The evidential hearings are continuing, in Rome. If the proceedings are successful, BT could be held liable, with others, for any damages. The company has concluded that it is not appropriate to make a provision in respect of any such potential claim.

 

 

 

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