Kohn v Wagschal & Ors

Kohn v Wagschal & Ors

The Beth Din award did not require the court to enforce an illegal act but rather returned the shares to the estate, preventing the intended tax evasion. There was no evidence of fraud in obtaining the award, and enforcement was not contrary to public policy.

Parties
Respondent: Kohn; Appellants: Wagschal and Ors
Jurisdiction
England and Wales
Judgment Date
24 October 2007
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court, Against Refusal to Set Aside Enforcement of Arbitration Award
Outcome
Appeal dismissed
Legal Topics
Enforcement of Arbitration Awards, Illegality and Public Policy, Succession and Share Transfers
Arbitration Succession Law Public Policy Enforcement of Arbitration Awards Illegality and Public Policy Succession and Share Transfers

Case Brief

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Parties

Kohn

Respondent

Wagschal and Ors

Appellants

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court, Against Refusal to Set Aside Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether enforcement of an arbitration award based on findings of tax evasion is contrary to public policy
  2. 2 Whether the Beth Din award should be set aside for alleged fraud or illegality

Ratio Decidendi

The Beth Din award did not require the court to enforce an illegal act but rather returned the shares to the estate, preventing the intended tax evasion. There was no evidence of fraud in obtaining the award, and enforcement was not contrary to public policy.

Court Disposition

Appeal dismissed

Orders

  • All relevant documents to be passed to the Revenue for their consideration