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United Dominions Trust Ltd V Kirkwood
''United Dominions Trust Ltd v Kirkwood'' 9662 QB 431 was a decision of the Court of Appeal relating to what constitutes "banking business" as a matter of English law. ''Ellinger's Modern Banking Law'' refers to the judgment as a "landmark decision". Facts United Dominions Trust was a finance company which brought an action to recover payment of a loan which it had made to a dealer. The dealer defended the claim for repayment on the basis that the United Dominions Trust was not registered under the Moneylenders Act 1900 and hence the loan contract was unlawful. United Dominions Trust claimed that it was exempt under section 6(d) of that Act because it conducted "banking business". In support of this it argued that it was recognised in the City as a bank, it enjoyed certain privileges given only to banks, and it had a clearing number. Judgment All three judges gave reasoned judgments. The court considered an older Australian decision, ''Commissioners of the State Savings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Harman
Sir Charles Eustace Harman (22 November 1894 – 14 November 1970) was an English lawyer and judge who was a Lord Justice of Appeal from 1959 to his retirement in mid-1970. He was born in Kensington, the son of John Eustace Harman (1861–1927), barrister of Lincoln's Inn, and his wife, Ethel Frances ''née'' Birch, of Onslow Square, central London. He was educated at Eton College and King's College, Cambridge. His brother John Augustus (Jack), only a year and a half his senior, was killed in a 1917 flying accident, as part of his war service with the Royal Flying Corps. Charles's own university career was interrupted by World War I. He was wounded within the first year, at the Battle of Loos, and spent the rest of the war as a prisoner; he used the time to improve his languages.Denys B. Buckley, ‘Harman, Sir Charles Eustace (1894–1970)’, rev. ''Oxford Dictionary of National Biography'', Oxford University Press, 200accessed 14 Sept 2015/ref> Harman was appointed a Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Dominions Trust
Black Horse Limited is a motor finance company based in the United Kingdom. It was formed in July 2001, as a wholly owned subsidiary of Lloyds Banking Group, but its origins can be traced back to 1922. The business should not to be confused with Black Horse (originally Beehive and most recently Lloyds TSB) Life Assurance Company, whose interests were amalgamated into Scottish Widows in September 2004. History Following the creation of Lloyds TSB Group in 1998, the businesses of Lloyds Bowmaker (formerly Lloyds and Scottish) and United Dominions Trust were combined into Lloyds UDT. In September 2000, Lloyds TSB acquired Chartered Trust, and, in June 2001, the business of Chartered Trust was merged into the business of Lloyds UDT, and the enlarged operation rebadged under the Black Horse name, to form the asset finance division of Lloyds TSB. United Dominions Trust The origins of UDT go back to 1919, when the Continental Guaranty Corporation of New York established a branch in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moneylenders Act 1900
In finance, a loan is the lending of money by one or more individuals, organizations, or other entities to other individuals, organizations, etc. The recipient (i.e., the borrower) incurs a debt and is usually liable to pay interest on that debt until it is repaid as well as to repay the principal amount borrowed. The document evidencing the debt (e.g., a promissory note) will normally specify, among other things, the principal amount of money borrowed, the interest rate the lender is charging, and the date of repayment. A loan entails the reallocation of the subject asset(s) for a period of time, between the lender and the borrower. The interest provides an incentive for the lender to engage in the loan. In a legal loan, each of these obligations and restrictions is enforced by contract, which can also place the borrower under additional restrictions known as loan covenants. Although this article focuses on monetary loans, in practice, any material object might be lent. Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
City Of London
The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London from its settlement by the Romans in the 1st century AD to the Middle Ages, but the modern area named London has since grown far beyond the City of London boundary. The City is now only a small part of the metropolis of Greater London, though it remains a notable part of central London. Administratively, the City of London is not one of the London boroughs, a status reserved for the other 32 districts (including Greater London's only other city, the City of Westminster). It is also a separate ceremonial county, being an enclave surrounded by Greater London, and is the smallest ceremonial county in the United Kingdom. The City of London is widely referred to simply as the City (differentiated from the phrase "the city of London" by ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Isaac Isaacs
Sir Isaac Alfred Isaacs (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Australia from 1906 to 1931, including as Chief Justice from 1930. Isaacs was born in Melbourne and grew up in Yackandandah and Beechworth (in country Victoria). He began working as a schoolteacher at the age of 15, and later moved to Melbourne to work as a clerk and studied law part-time at the University of Melbourne. Isaacs was admitted to the bar in 1880, and soon became one of Melbourne's best-known barristers. He was elected to the Victorian Legislative Assembly in 1892, and subsequently served as Solicitor-General under James Patterson, and Attorney-General under George Turner and Alexander Peacock. Isaacs entered the new federal parliament at the 1901 election, representing the Protectionist Party. He became Attorney-General ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cheque
A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, known as the ''drawer'', has a transaction banking account (often called a current, cheque, chequing, checking, or share draft account) where the money is held. The drawer writes various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the ''drawee'', to pay the amount of money stated to the payee. Although forms of cheques have been in use since ancient times and at least since the 9th century, they became a highly popular non-cash method for making payments during the 20th century and usage of cheques peaked. By the second half of the 20th century, as cheque processing became automated, billions of cheques were issued annually; these volumes peaked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Regulation
Bank regulation is a form of government regulation which subjects banks to certain requirements, restrictions and guidelines, designed to create market transparency between banking institutions and the individuals and corporations with whom they conduct business, among other things. As regulation focusing on key factors in the financial markets, it forms one of the three components of financial law, the other two being case law and self-regulating market practices. Given the interconnectedness of the banking industry and the reliance that the national (and global) economy hold on banks, it is important for regulatory agencies to maintain control over the standardized practices of these institutions. Another relevant example for the interconnectedness is that the law of financial industries or financial law focuses on the financial (banking), capital, and insurance markets. Supporters of such regulation often base their arguments on the "too big to fail" notion. This holds that ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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