Yewens v Noakes
| Yewens V. Noakes | |
|---|---|
| Court | Exchequer Court |
| Decided | 1880 |
| Citation | 6 QBD 530 |
| Case history | |
| Appealed from | Court of Appeal decision: that a clerk who earned £150 a year did not fall within the definition of servant. |
| Related action | Contract of Employment |
| Court membership | |
| Judges sitting | Lord Justice Bramwell and Lord Justice Thesiger |
| Case opinions | |
| Decision by | Bramwell: "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." |
| Concurrence | 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." |
| Keywords | |
| Tax law | |
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
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."
See also
Notes
References
- Teacher, Law (November 2013). "Yewen v Noakes - 1880". Fujairah, UAE: LawTeacher.net. Retrieved 13 July 2024.</ref>