Vickers v Jackson

Vickers v Jackson

Mr Jackson could not enforce the charge because no money was due under it, and the charge was a sham intended to deceive creditors; the court will not assist in enforcing obligations arising under an illegal contract.

Parties
Claimant: Vickers; Defendant: Jackson
Jurisdiction
England and Wales
Judgment Date
24 May 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Illegality in Contracts, Sham Transactions, Enforcement of Charges, Land Charges Register
Property Law Contract Law Illegality in Contracts Sham Transactions Enforcement of Charges Land Charges Register

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vickers

Claimant

Jackson

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the charge executed by Mr Vickers in favour of Mr Jackson was a sham
  2. 2 Whether Mr Jackson could enforce the charge despite its illegality
  3. 3 Whether Mr Vickers could rely on his own illegality to defeat the charge

Ratio Decidendi

Mr Jackson could not enforce the charge because no money was due under it, and the charge was a sham intended to deceive creditors; the court will not assist in enforcing obligations arising under an illegal contract.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Entries relating to the charge to be removed from the Land Charges Register