Verity v Nation & Anor [2000] EWCA Civ 418 (24 November 2000)
The claimant failed to establish that he was employed by the defendants as individuals; the evidence showed he was part of a loose group acting as a director, not as an employee, and there was no partnership or employment contract between him and the defendants.
- Citation
- [2000] EWCA Civ 418
- Parties
- Claimant (plaintiff)/respondent: Peter Verity; Defendant/appellant: Robert Tasman Nation; Defendant/appellant: Karl Arthur Fender
- Jurisdiction
- England and Wales
- Judgment Date
- 24 November 2000
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
- Outcome
- Appeal allowed; claim dismissed
- Legal Topics
- Employment Status, Contract of Employment, Partnership, Directorship, Remuneration, Summary Judgment, Credibility of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Verity
Claimant (plaintiff)/respondent
Robert Tasman Nation
Defendant/appellant
Karl Arthur Fender
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Legal Issues
- 1 Whether the claimant was an employee of the defendants
- 2 Whether there was a contract of employment between the claimant and the defendants
- 3 Whether the defendants operated as a partnership or through companies
Ratio Decidendi
The claimant failed to establish that he was employed by the defendants as individuals; the evidence showed he was part of a loose group acting as a director, not as an employee, and there was no partnership or employment contract between him and the defendants.
Court Disposition
Appeal allowed; claim dismissed
Orders
- Claimant's claim dismissed
- Money lodged with court as security for costs plus accrued interest to be paid to defendants' solicitors
Full Case Text
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