Business rates

A document purporting to be a lease was a sham

  • PP 2019/107
The legal definition of what constitutes a sham dates back to Snook v London and West Riding Investments Ltd [1967] 2 QB 786. In that case, the court described shams as being “acts done or documents executed … which are intended … to give to third parties or to the court the appearance of creating … legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create”. But it is, of course, a matter of fact whether an arrangement is, or is not, a sham. Broxfield v Sheffield City Council [2019] EWHC 1946 (Admin); [2019] PLSCS 169 concerned
Practice point