If a transaction is on its face, that is to say merely by looking at its terms and without additional evidence, manifestly illegal, the Court will refuse to enforce it, whether or not either party alleges illegality. If a transaction is not on its face manifestly illegal but there is before the Court persuasive and comprehensive evidence of illegality, the court may refuse to enforce it even if illegality has not been pleaded or alleged. The principle behind the court’s intervention of its own notion in such a case is to ensure that its process is not being abused by inviting it to enforce sub silentio a contract whose enforcement is contrary to public policy.
Bingham J
[1982] 1 LR 427
England and Wales
Updated: 22 July 2021; Ref: scu.553659 br>