Ellis v Joseph Ellis & Company

JurisdictionEngland & Wales
Year1905
Date1905
CourtCourt of Appeal
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20 cases
  • Clyde & Company Llp and Another v Krista Bates Van Winkelhof
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 September 2012
    ...The first case in which the employment status of a partner was considered appears to be the Court of Appeal's decision in Ellis v Joseph Ellis & Co [1905] 1 KB 324. In that case a member of a partnership formed for the purpose of working a mine worked in the mine as a working foreman by arr......
  • Altus Group (UK) Ltd v Baker Tilly Tax and Advisory Services LLP and another
    • United Kingdom
    • Chancery Division
    • 7 January 2015
    ...It has long been settled law in England and Wales that a member of a partnership cannot be an employee of the partnership: see Ellis v Joseph Ellis & Co [1905] 1 KB 324; Cowell v Quilter Goodison Co Ltd [1989] IRLR 392; Tiffin v Lester Aldridge LLP [2012] 1 WLR 1887. Section 4(4) of the Lim......
  • Hans Henning Reinhard v Ondra LLP and Others
    • United Kingdom
    • Chancery Division
    • 14 January 2015
    ...at this level, I am bound by authority to conclude that that is the position under English law. It is the position established in Ellis v Joseph Ellis & Co [1905] 1 KB 324 (discussed by Elias LJ at [52] of his judgment in Clyde & Co) and recognised by the Court of Appeal in Cowell v Quilter......
  • Mr Christopher Watson v 1) Wallwork Nelson Johnson 2) Mr Ian Johnson
    • United Kingdom
    • Employment Appeal Tribunal
    • Invalid date
    ...inconsistent with the existence of a contract of employment, because an individual cannot be their own employer; see Ellis v Joseph Ellis [1905] 1KB 324 CA per Lord Collins MR at p 329, Cowell v Quilter Goodison Co Ltd [1989] IRLR 392 CA per Lord Donaldson MR at paragraph 7, and Tiffin v Le......
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6 books & journal articles
  • Formation and Expansion
    • United Kingdom
    • Wildy Simmonds & Hill Partnership and LLP Law - 2nd edition Contents
    • 29 August 2018
    ...Treon (A Firm) and others , 33 and Altus Group (UK) Limited v Baker Tilly Tax and Advisory Services LLP and 29 Ellis v Joseph Ellis & Co [1905] 1 KB 324. 30 Clyde & Co LLP v Bates van Winkelhof [2014] UKSC 32, [2014] 1 WLR 2047. 31 Partnership Law (Law Com No 283 and Scot Law Com No 192, Cm......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...Galleries and Others [1973] AC 360 170, 332, 443 El Ajou v Stern and Others [2006] EWHC 3067 (Ch) 69 Ellis v Joseph Ellis & Co [1905} 1 KB 324 12, 576 Emerson (Emerson’s Executrix) v Emerson’s Estate [2004] EWCA Civ 170, [2004] 1 BCLC 575 269 English, Scottish and Australian Chartered Bank,......
  • Whistle-blowing and the equality dimension of victimisation in the workplace
    • United Kingdom
    • Sage International Journal of Discrimination and the Law No. 17-2, June 2017
    • 1 June 2017
    ...EWCA Civ. 1207.14. There was no previous case considering whether a partner could be a worker. But, in both Ellisv. Joseph Ellis & Co [1905] 1 KB 324 and Cowell v. Quilter Goodison Co Ltd [1989] IRLR392 they established that a partner could not be an employee.15. (2014) UKSC 32.16. Ibid., p......
  • Introduction
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...be noted that partners are not otherwise to be regarded as employees since they cannot employ themselves (see Ellis v Joseph Ellis & Co [1905] 1 KB 324, and Cowell v Quilter Goodison Co Ltd [1989] IRLR 392) and it appears that the position is the same for LLP members; even though they would......
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