Yewens v. Noakes

Yewens v. Noakes

"Yewens v. Noakes" (1880) 6 QBD 530, was an English tax law case which addressed the question of the division between master and servant.

Facts

There was a statutory exemption for duty on inhabited houses where premises were occupied by 'a servant or other person.... for the protection thereof.'

Judgment

The Court of Appeal held that a clerk who earned £150 a year did not fall within the definition of servant.

Lord Justice Bramwell gave judgment said, "a servant is a person who is subject to the command of his master as to the manner in which he shall do his work."

Lord Justice Thesiger said it was obvious that a salaried clerk was not a "servant" any more than were "the manager of a bank, a foreman with high wages, persons in the position almost of gentlemen."

ee also

*Contract of employment
*UK labour law
*"R v. Negus"


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  • R v. Negus — (1873) LR 2 CP 34 is an old English law case under the Larceny Acts which addressed the then definition of control for the purpose of determining who was a worker.Mr Justice Blackburn held,ee also*Contract of employment *UK labour law * Yewens v …   Wikipedia

  • Employment contract in English law — An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a… …   Wikipedia

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