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Yewens v Noakes
(1880) 6 QBD 530, 1 TC 260, 45 JP 8, 468, 50 LJQB 132, 28 WR 562, 44 LT 128
Court: CA
Judgment Date: circa 1880
Cases referring to this case
Annotations: All Cases Court: ALL COURTS
Treatment | Case Name | Citations | Court | Date | Signal |
Considered | LCC v South Metropolitan Gas Co | [1904] 1 Ch 76, 2 LGR 161, 68 JP 5, 73 LJ Ch 136, 52 WR 161, 48 Sol Jo 99, 89 LT 618, 20 TLR 83 | CA | circa 1904 |
EMPLOYMENT - CONTRACT OF EMPLOYMENT - EMPLOYMENT UNDER CONTRACT - CATEGORIES OF WORKER - NATURE OF CONTRACT AND CHARACTERISTICS OF RELATIONSHIP - CONTROL - IN GENERAL - POWER OF EMPLOYER TO DIRECT MANNER OF WORK - CARETAKER
Respondent was a hop merchant, and was possessed of certain houses having an internal communication throughout, and used for the purposes of his trade. K lived in the houses in order to take care of them, but he was a clerk in respondent's employ at a salary of £150 a year, and he resided in the houses together with his wife, children, and servant: Held K was not 'a servant or other person' within Revenue Act 1868 (c 28) s 11 (repealed).
A servant is a person subject to the command of his master as to the manner in which he shall do his work (Bramwell LJ).
STATUTES - STATUTORY INTERPRETATION - THE INTERPRETATIVE CRITERIA - LINGUISTIC CANONS OF CONSTRUCTION - CONSTRUCTION WITH REFERENCE TO PRE-EXISTING LAW AND CIRCUMSTANCES - SURROUNDING CIRCUMSTANCES - HOW FAR REFERRED TO
While it is true that we have no right to construe the Act itself by the practice which has taken place under that Act, it is equally true that we are entitled to construe that Act, not only upon the actual words used, but with reference to the practice which had grown up and was existing at the time when that Act was passed (Thesiger LJ).