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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Financial Services - From: 1900 To: 1929

This page lists 3 cases, and was prepared on 20 May 2019.


 
 Starkey v The Bank of England; HL 1903 - [1903] AC 114
 
Whiteman v Sadler [1910] UKHL 713
25 Jul 1910
HL

Financial Services
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 . . otherwise than in his registered name." Penalties, enforceable by criminal procedure, are provided for any breach of the section.
A firm of two persons registered themselves as moneylenders under the novel and assumed name of "C. and Co.," which had not been used by them before registration. One of them was also registered and carried on business as an individual moneylender under another assumed name. A borrower from the firm sought to have his contract of loan declared void as in contravention of the statute.
Held (1) that the registration of the novel assumed name and the separate business in a different name were in breach of the Act, but (2) that the contract, being entered into under the name actually registered, was not rendered void.
Moneylenders Act 1900
[ Bailii ]
 
Glendinning v Hope and Co [1911] UKHL 775; 48 SLR 775
26 Jun 1911
HL
Lord Chancellor (Loreburn), Lords Kinnear, Atkinson, and Shaw
Financial Services
A stockbroker has a general lien on documents such as transfers coming into his hands in the course of his business and lawfully in his custody, and that even in respect of debts due by a customer to him not arising out of the transaction to which the transfer relates.
[ Bailii ]
 
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