Lewis v Narayanasamy (t/a Dotcom Solicitors) & Anor [2017] EWCA Civ 229 (06 April 2017)

Lewis v Narayanasamy (t/a Dotcom Solicitors) & Anor [2017] EWCA Civ 229 (06 April 2017)

The arrangement between Mr Lewis and Dotcom Solicitors was a contract of employment, not a partnership. The terms included a salary of £24,000 per year, a 10% share of gross turnover, and a refundable £30,000 capital contribution. There was no £300,000 earnings condition. The contract was not tainted by illegality, as the statements made to immigration authorities were accurate and there was no knowledge of falsity. Mr Lewis is entitled to the sums awarded by the trial judge.

Citation
[2017] EWCA Civ 229
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 on Appeal From High Court
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Employment Status, Illegality in Contract, Partnership Vs Employment, Immigration Offences and Work Permits, Contractual Interpretation
Employment Law Contract Law Immigration Law Employment Status Illegality in Contract Partnership Vs Employment Immigration Offences and Work Permits Contractual Interpretation

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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 on Appeal From High Court

Legal Issues

  1. 1 What were the contractual terms between Mr Lewis and Dotcom Solicitors?
  2. 2 Was Mr Lewis an employee or a partner?
  3. 3 Was the contract tainted by illegality under immigration law?

Ratio Decidendi

The arrangement between Mr Lewis and Dotcom Solicitors was a contract of employment, not a partnership. The terms included a salary of £24,000 per year, a 10% share of gross turnover, and a refundable £30,000 capital contribution. There was no £300,000 earnings condition. The contract was not tainted by illegality, as the statements made to immigration authorities were accurate and there was no knowledge of falsity. Mr Lewis is entitled to the sums awarded by the trial judge.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Judgment for Mr Lewis against both defendants jointly and severally for £16,000 plus interest.
  • Judgment for Mr Lewis 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 (apportioned), totaling £73,385.82, subject to PAYE deduction.