Kirkwood v Gadd

[1910] A.C. 422

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(Judgment by: Lord Shaw of Dunfermline)

Between: Kirkwood - Appellant
And: Gadd - Respondent

Court:

Judges: Lord Loreburn LC
Lord James of Hereford
Lord Atkinson

Lord Shaw of DunfermlineLord Mersey

Subject References:
MONEY-LENDER
Business carried on at other than Registered Address
Loan effected at Borrower's Residence
Illegality
Bill of Sale

Legislative References:
Money-lenders Act, 1900 (63 & 64 Vict. c. 51) - s. 2, sub-s. 1 (b)

Judgment date: 10 June 1910

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Judgment by:
Lord Shaw of Dunfermline

My Lords, I have had considerable doubts in this case. In the judgments to which I have had the pleasure of listening, and which I formerly had the pleasure of reading, I observe that a definition of what is "carrying on business" under this statute is avoided. I observe further that certain proceedings will have to be taken in this cause for the facts to be more fully investigated. Under those circumstances I must entirely agree with the judgment pronounced by my noble and learned friend Lord James of Hereford. It does appear to me that each case must depend upon its own facts, the elementary principle being kept in mind that the Act is to be enforced in all respects, and in no respect evaded.