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Illegal purpose
Illegal purpose
In a case where a purchaser purchases a property in the name of another for an illegal or wrongful purpose, the Court has to consider the question of illegality of its own motion and volition: Kliers v Schmerler [2018] EWHC 1350 (Ch) per Mr Murray Rosen QC (sitting as a Deputy HCJ) at [80].
In addressing illegality, the Court must consider various factors in order to determine whether the public interest will be harmed if the claim is enforced, having regard to:
the underlying purpose of the prohibition that has been transgressed, and whether that purpose will be enhanced by denial of the claim;
any other relevant public policy on which the denial of the claim may have an impact; and
whether the denial of the claim would be a proportionate response to the illegality.