Kohn v Wagschal & Ors [2007] EWCA Civ 1022 (24 October 2007)
The Beth Din award did not require the English court to enforce an illegal act but rather returned the shares to the estate, thereby preventing the intended illegality. There was no public policy bar to enforcement, and the new evidence did not establish fraud or justify setting aside the award.
- Citation
- [2007] EWCA Civ 1022
- Parties
- Respondent: Kohn; Appellants: Wagschal and Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 24 October 2007
- Procedural Posture
- Appeal / Appeal From Refusal to Set Aside Enforcement of Arbitration Award
- Outcome
- Appeal dismissed
- Legal Topics
- Enforcement of Arbitration Awards, Illegality and Public Policy, Succession and Intestacy, Fraud in Arbitration
Case Brief
Summary, issues, holding and outcome
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Parties
Kohn
Respondent
Wagschal and Ors
Appellants
Procedural Posture
Appeal / Appeal From Refusal to Set Aside Enforcement of Arbitration Award
Legal Issues
- 1 Whether enforcement of an arbitration award is contrary to public policy due to underlying illegality (tax evasion)
- 2 Whether the award was obtained by fraud
- 3 Whether new evidence justifies setting aside the award
Ratio Decidendi
The Beth Din award did not require the English court to enforce an illegal act but rather returned the shares to the estate, thereby preventing the intended illegality. There was no public policy bar to enforcement, and the new evidence did not establish fraud or justify setting aside the award.
Court Disposition
Appeal dismissed
Orders
- All relevant documents to be provided to the Revenue for their consideration
Full Case Text
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