In House Lawyer Trainee

Illegality in contracts
However, the decision in Parkingeye demonstrates that the courts will take a commercial and pragmatic approach to matters when considering illegality, and if it appears that there was no intention to perform the contract illegally from the outset, an illegal act will not automatically render the contract unenforceable. Any party considering using illegality as a grounds for termination or non-performance of a contract should first consider whether 
the illegality is a minor part of the contract and whether it could be rectified. Failing to do so will mean a party runs the risk of themselves committing a repudiatory breach if they subsequently terminate it. In Parkingeye, it was particularly relevant that Somerfield had been shown copies of the offending letter and should have drawn the illegality to the attention of Parkingeye, which would have allowed the issue to be rectified.