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13 January 2023
Issue: 8008 / Categories: Case law , In Court , Judicial line
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Judicial line: 6 & 13 January 2023

This week: swindling the tax man; debtor instalments; blocking final divorce; European enforcement; new law divorce challenge.
  • Swindling the tax man.
  • Debtor instalments.
  • Blocking final divorce.
  • European enforcement.
  • New law divorce challenge.

Illegal but unpleaded

Q If it transpires from the evidence at a civil trial that the parties have agreed to evade charges for VAT and income tax on a contract price, is it open to the trial judge to dismiss a claim arising out of that contract on the ground that it is void for illegality and despite neither contracting party having pleaded illegality?

A The court has power to dismiss a claim on the ground that it is tainted by illegality. It is unsurprising that an arrangement to evade taxes goes unpleaded and we consider that the general rule that it is not for the court to raise an issue that has not been raised by a party, might not apply in this situation. However, the court would need to be satisfied that

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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