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Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

Cornelius v Phillips: HL 29 Nov 1917

Contract – Validity – Moneylender – Transaction of Business Elsewhere than his Registered Address – Moneylenders Act 1900 (63 and 64 Vict. cap. 51), sec. 2 – Moneylenders Act 1911 (1 and 2 Geo. V, cap. 38), sec. 1 (1).The respondent was a registered moneylender in Liverpool. The appellant was introduced to him at an … Continue reading Cornelius v Phillips: HL 29 Nov 1917

Samuel and Another v Newbold: HL 17 Jul 1906

‘Excessive interest of itself is sufficient to render a contract harsh and unconscionable. Proof of excessive interest may of itself, therefore, be sufficient to entitle the debtor to relief. What amounts to excessive interest is to be determined by the tribunal in each case, the question of risk being a material matter for consideration. When … Continue reading Samuel and Another v Newbold: HL 17 Jul 1906

Kenny v Conroy and Another: CA 27 Jan 1999

A court need only first see whether at the time of the loan, the party’s business was that of moneylender. If not, the court then investigates if the person held themselves out as carrying on such a business. Kennedy L.J: ‘. . . a licensed moneylender who sets up business with an office probably falls … Continue reading Kenny v Conroy and Another: CA 27 Jan 1999

Edgelow v MacElwee: 1918

The court should be astute to see that the Act is not broken. Judges: McCardie J Citations: [1918] 1 KB 205 Statutes: Moneylenders Act 1900 Jurisdiction: England and Wales Cited by: Cited – United Dominions Trust Ltd v Kirkwood CA 24-Feb-1966 The defendant was MD of a company which borrowed from the plaintiff. The company … Continue reading Edgelow v MacElwee: 1918

Newman v Oughton: 1911

The plaintiff sought to execute a judgment against goods in the possession of a judgment debtor. The goods were claimed by a firm of pawnbrokers who said that they were included in a bill of sale granted to them. At the trial of the resulting interpleader the bill of sale was said to have been … Continue reading Newman v Oughton: 1911

Litchfield v Dreyfus: 1906

The plaintiff carried on business as an antique dealer, giving credit to customers and took bills from them in payment of amounts they owed for purchases, some of which he discounted and renewed from time to time. When he ceased business he sold his stock and took bills for the greater part of the purchase … Continue reading Litchfield v Dreyfus: 1906

Kirkwood v Gadd: HL 1910

Under the 1900 Act, a moneylender was required to carry on his business only in his registered name and at his registered address. Held: (Lord Atkinson) the words ‘carries on business’ implied a repetition of acts, and ‘Whether one isolated transaction carried out by a money-lender from its inception to its completion at a place … Continue reading Kirkwood v Gadd: HL 1910

North Central Wagon Finance Co Ltd v Brailsford: 1962

The onus of proof of establishing the application of the exception in the section lay with the company claiming it. Judges: Cairns J Citations: [1962] 1 WLR 1288, [1962] 1 All ER 502 Statutes: Moneylenders Act 1900 6(d) Jurisdiction: England and Wales Cited by: Applied – United Dominions Trust Ltd v Kirkwood CA 24-Feb-1966 The … Continue reading North Central Wagon Finance Co Ltd v Brailsford: 1962

Whiteman v Sadler: HL 25 Jul 1910

The Moneylenders Act 1900, sec. 2, sub-sec. 1, provides that a moneylender ( a) shall register himself ‘under his own or usual trade name, and in no other name,’ ( b) shall carry on business ‘in his registered name and in no other name,’ and ( c) ‘shall not enter into any agreement . . … Continue reading Whiteman v Sadler: HL 25 Jul 1910

Kirkwood v Gadd: HL 10 Jun 1910

In a moneylending contract a bill of sale was executed at the borrower’s house over his furniture, and the loan itself was advanced and a receipt granted there. The preliminary arrangements had been made by correspondence to and from the moneylender at his registered address – no other address was employed. The Moneylenders Act 1900, … Continue reading Kirkwood v Gadd: HL 10 Jun 1910

Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner: QBD 9 Oct 2003

The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .

United Dominions Trust Ltd v Kirkwood: CA 24 Feb 1966

The defendant was MD of a company which borrowed from the plaintiff. The company drew five bills as security, and the defendant endorsed them. When the company failed, the plaintiff gave notice of dishonour and sued the defendant as indorsee. The . .