Lewis v Narayanasamy (t/a Dotcom Solicitors) & Anor

Lewis v Narayanasamy (t/a Dotcom Solicitors) & Anor

The arrangement between Mr Lewis and Dotcom Solicitors constituted a contract of employment, not partnership. Mr Lewis was entitled to salary, 10% of gross turnover, and refund of capital contribution. No relevant illegality was established. The trial judge's findings were not plainly wrong and must stand.

Parties
Claimant/respondent: Edwin Jerome E. Lewis; Defendant/appellant: Ramachandren Narayanasamy (t/a Dotcom Solicitors); Defendant/appellant: Yamuna Suppiah
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employment Contract Classification, Partnership Vs Employment, Illegality in Contract, Immigration Compliance, Refund of Capital Contribution
Employment Law Contract Law Employment Contract Classification Partnership Vs Employment Illegality in Contract Immigration Compliance Refund of Capital Contribution

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Parties

Edwin Jerome E. Lewis

Claimant/respondent

Ramachandren Narayanasamy (t/a Dotcom Solicitors)

Defendant/appellant

Yamuna Suppiah

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the relationship between Mr Lewis and Dotcom Solicitors was employment or partnership
  2. 2 Whether the contract was tainted by illegality due to immigration representations
  3. 3 Entitlement to salary, profit share, and refund of capital contribution

Ratio Decidendi

The arrangement between Mr Lewis and Dotcom Solicitors constituted a contract of employment, not partnership. Mr Lewis was entitled to salary, 10% of gross turnover, and refund of capital contribution. No relevant illegality was established. The trial judge's findings were not plainly wrong and must stand.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Mr Lewis against both defendants, jointly and severally, for £16,000 plus interest
  • Judgment against Mr Narayanasamy for unpaid salary of £6,500 and 10% of firm’s gross turnover for years ended 31 March 2008, 2009, and 2010, totalling £73,385.82 (subject to PAYE tax deduction)