Civil Procedure - appeals - point not taken below - illegality of
champertous agreement - appeal court will take notice of illegality
though not pleaded below and will not enforce agreement: A champertous agreement set up by a defendant as the basis of his case cannot be defended by him without disclosing its illegality and therefore, even
though the illegality was not pleaded in the court below, if there is clear evidence of it the Court of Appeal will take notice of it and refuse to enforce the agreement.