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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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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