The parties had entered into a contract, which both knew was to be used to defraud a third party finance company. When one sued the other for breach, the court refused to order the contract to be enforced when he became aware of the fraud.
Held: The decision was correct even though neither party to the action had sought to plead the fraud.
Judges:
Sedley LJ, Colman J
Citations:
Gazette 11-Aug-1999, [1999] EWCA Civ 1866, Times 15-Aug-1999
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – David MacDonald v Geoffrey Myerson, John Callaghan, Derek A H Law CA 26-Jan-2001
The claimant had been involved in mortgage frauds, using the defendant firm of solicitors. He claimed an account following sales of the properties. At the time of the sales, the first defendant knew of the false identities used. The defendants . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 31 May 2022; Ref: scu.146781