creasey v breachwood motors ltd

Use LEFT and RIGHT arrow keys to navigate between flashcards; Use UP and DOWN arrow keys to flip the card; The question was raised before the Privy Council due the claim of the widow of Mr. Lee for the compensation of her husband, who died while he was working. 649] (Pitchess), the lower court granted judgment in favor of the plaintiff in an action against Breachwood Motors Ltd appealed. Having established that widow of Mr. Lee was entitled to compensation, the Privacy Council stated that: firstly, the company and Mr. Lee were two separate and distinct legal persons and consequently capable of establishing legal relations between them; secondly, there was no reason to doubt that a valid contractual relationship could be created between the company, as a master, and the sole director in quality of employee, as a servant; and lastly,a man acting in one capacity [sole governing director] can give orders to himself in another capacity[chief pilot of the company] than there is in holding that a man acting in one capacity[employer] can make a contract with himself in another capacity [employee]., DHN Food Distributors Ltd v Tower Hamlets, According to Lord Denning MR, the subsidiaries were bound hand and foot to the parent company and therefore they had to do only what the parent company said. 3d 84]. 7. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. For instance, the House of Lords held during World War I that where a companys directors and the majority of its shareholders resided in Germany it could be classed as the enemy. Some statutes expressly authorize lifting the corporate veil. This exception is very wide and uncertain, depending on the facts of each individual case. Some commentators believe this means courts will not lift the veil simply to do justice. "Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending " (Italics added.). Also, Arden LJ emphatically rejected the idea that this case involved lifting the corporate veil. .] He claimed that this constituted wrongful dismissal, in breach of his employment contract. App. The court held that Cape plc was so closely involved in its subsidiarys health and safety operations that Cape owed the subsidiarys employees a direct duty of care in the tort of negligence. Consequently, Adams v Cape has narrowed the ways in which the veil may be lifted regarding groups of companies. Still "the unyielding rock"? Cambridge University Press is committed by its charter to disseminate knowledge as widely as possible across the globe. following Adams v Cape, in addition to the subsidiary beingused or set up as a mere faade concealing the true facts, the motives ofthe perpetrator may be highly relevant. 173 CA at 206207. [ 7 ]. In denying the motion to quash the trial court made no findings, so we are unable to determine on what basis it found the service to be valid. 574].). Add to folder Disclaimer: This essay has been written by a law student and not by our expert law writers. DEMANDING Id. Co. v. Pitchess (1973) 35 Cal. 462. According to the trial judges findings, the corporate veil shall be lifted to allow substitution because the directors deliberately disregarded their duties to the individual companies and as well as their creditors. However, a number of other exceptions exist which are wider in scope. The UK company also had no place of business, and almost all of its shares were owned by the American company. App. This falls in line with the advocacy threat which will make the auditing firm not independent as it is in their self-interest as well that the client does well so the client keeps their consulting portion as well., In Joseph Heaths paper Business Ethics without Stakeholders, he exposes that the fiduciary relationship between managers and shareholders seems like concepts with explicit moral overtones which might derive from the thoughts on serving as a natural point of departure for the development of a theory of business ethics (p.108). These are the stakeholders that have both power and urgent attributes but do not have a legitimate claim. He questions how far beyond a manager should rely on shareholders interests without noticing stakeholders concerns in which it reveals that there are limitations of any theoretical approach to business ethics that takes obligations to shareholders as the sole criterion of ethical conduct in business (p.112) My view is consistent with Heaths view on the stockholder model in which I will argue that even though managers should act towards owner, Undoubtedly, there is a contravention of Section 1041H as the statement misled or deceived its intended audience, mainly existing and potential shareholders as well as employees of the company, into thinking that a separate legal arrangement had been set up to be solely liable to plaintiffs in relation to asbestos claims. Its sh ares are restricted to the existing members. We'll bring you back here when you are done. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 3d 85], "'The purpose of the various sections dealing with service of summons upon a foreign corporation is to give an aggrieved party a means of bringing a foreign corporation into a proper jurisdictional tribunal and to protect the corporation through the enactment of statutes providing methods and means of security from default judgments.'" This article uses material from the Wikipedia article Creasey v Breachwood Motors Ltd, and is written by contributors. This exception is very wide and uncertain, depending on the facts of each individual case. The consequence of this could impact the economy of this country discouraging people to invest in businesses fearing of full liability., For one, audit firms cannot provide bookkeeping services for the client while doing an audit . The now defunct Interests of Justice Test 19. The House of Lord dismissed the appeal. View examples of our professional work here. The remaining assets were transferred to Motors. {"cdnAssetsUrl":"","site_dot_caption":"Cram.com","premium_user":false,"premium_set":false,"payreferer":"clone_set","payreferer_set_title":"Corporate Legal Personality and Lifting of the Veil","payreferer_url":"\/flashcards\/copy\/corporate-legal-personality-and-lifting-of-the-veil-5721319","isGuest":true,"ga_id":"UA-272909-1","facebook":{"clientId":"363499237066029","version":"v12.0","language":"en_US"}}. Government/Shareholder Definative Yes yes Yes It seems clear to us that designating the wrong person on the summons is as critical a defect as no designation at all. However, fraud still remains a potentially wide exception. The court held that his company was cloak or sham and lifted the corporate veil, ordering specific performance of the contract. Take a look at some weird laws from around the world! and disclaimer. Q10. It was not accepted, and the veil was eventually lifted on the basis that to do so was necessary in order to achieve justice. Plaintiffs concede that the summons in question did not comport with the requirements of Code of Civil Procedure sections 412.20, subdivision [15 Cal. Designed specifically to practice your knowledge and memorise. 37349. (Italics added.). This item is part of a JSTOR Collection. Lord Sumption stated that there were two principles: the concealment principle which did not allow courts to lift the veil; and the evasion principle which did. There was no umbrella contract, however the EAT was wrongful to find., DANGEROUS A strict and limited approach to veil piercing is essential for maintaining this. [6] "It is a settled rule that where the statute requires notice to be given a party of any action of a court in any proceeding the notice so given must be precisely the one prescribed by the statute." Also, the partnership nature of the LLC makes taxation work as a pass-through, transferring losses directly to individuals to be deducted directly on their tax returns. Likewise, another court held: "it is appropriate to pierce the corporate veil only where special circumstances exist indicating that this is a mere facade concealing the true facts." defendants and Deal Age Ltd. Cases cited: (1) Company, Re aUNK(1985), 1 BCC 99, 421, followed. This is quite a wide category as it can encompass many types of fraud. Copyright 2019 - 2022 SimpleStudying is a trading name of SimpleStudying Ltd, a company registered in England and Wales. 769, 779 said [t]o pierce the corporate veil is an expression that I would reserve for treating the rights or liabilities or activities of a company as the rights or liabilities or activities of its shareholders. For instance, Taylor states that the exceptions only operate to prevent fraud or wrongdoing, and that they only apply to those who actually created the situation. Secondly, Nadine was paid by her customers and did not receive sick pay, holiday pay and other benefits. Please select the correct language below. It follows that in this case it was pierced the veil of incorporation on the ground of the specific facts related with it. 's statement that the court will use its powers to pierce the corporate veil if it is necessary to achieve justice: Re a Company [1985] B.C.L.C. Published: 6th Aug 2019, Courts have demonstrated a willingness to disregard the separate legal personality of a company. Thus, it seems that in such situation piercing the veil of the separate legal personality assumes an exceptional character due to the single economic unit. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Creasey v Breachwood Motors Ltd Creasey v Breachwood Motors Ltd [1993] BCLC 480 is a UK company law case concerning piercing the corporate veil Quin & Axtens Ltd v Salmon Quin & Axtens Ltd v Salmon [1909] AC 442 is a UK company law case, concerning the enforceability by shareholders of provisions under a company's constitution Barron v Potter SAA travelers Dependent No yes Yes Additionally organizational biases such as when teams proceed with a course of action that has gathered so much support it becomes difficult to change position, have a tendency to suppress objections (Groupthink)., Complex new investments were being developed that were not regulated and frankly regulators might not have understood. Subsequently the company went into more financial difficulties and was unable to pay its debt of which an action for liquidation was carried out against it. For instance, in Salomon v Salomon a sole trader incorporated his business as a limited company and owned almost all of its shares. Please upgrade to Cram Premium to create hundreds of folders! 6. He claimed that this constituted wrongful dismissal, in breach of his employment contract. The proper order to make is an order on both the defendants specifically to perform the agreementbetween the plaintiffs and the first defendant. The insurance company denied to pay out stating that Mr Macaura did not have insurable interest in the timber since the timber were of the company. Subscribers can access the reported version of this case. Mr Richard Southwell lifted the corporate veil to enforce Mr Creasey's wrongful dismissal claim. For instance, in Creasey v Beachwood Motors the judge lifted the corporate veil in the interests of justice. [1a] We have concluded that the service on General Motors was fatally defective and as a result the superior court did not acquire jurisdiction over General Motors Corporation. Adams v Cape Industries plc [1990] Ch 433 (CA), Creasy v Breachwood Motors Ltd [1993] BCLC 480 (QB), Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd [1916] 2 AC 307 (HL), DHN Food Distributors Ltd v Tower Hamlets LBC [1976] 1 WLR 852 (CA), Ord v Belhaven Pubs Ltd [1998] 2 BCLC 447 (CA), Polly Peck International plc (No 3) [1993] BCC 890 (Ch), Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 (HL), Prest v Petrodel Resources Ltd [2013] UKSC 34, Salomon v A Salomon & Co Ltd [1897] AC 22 (HL), Trustor AB v Smallbone (No.2) [2001] 1 WLR 1177 (Ch), VTB Capital plc v Nutritek International Corporation [2013] UKSC 5 (SC), Woolfson v Stathclyde Regional Council [1978] P & CR 521 (HL), Dignam, A. Hicks and Goos Cases and Materials On Company Law (7th edn Oxford University Press, Oxford 2011), French, D., Mayson, S and Ryan, C. Mayson, French & Ryan on Company Law (27th edn Oxford University Press, Oxford 2010), Fulbrook, J. FN 2. 3.30 Both the Creasey and Ord cases are illustrations of a classic veil-lifting issue, that of whether the reorganisation of the company was a legitimate business transaction or the motive was to avoid liability. View all Google Scholar citations I would like to thank Professor Len Sealy for his comments on an earlier draft of this article. Finally, an exception for groups of companies was established in the DHN case. The Ord decision reflects the principle, whilst Creasey takes a broader approach, which was subsequently criticised in Ord. ACCEPT. your studies, LinkedIn Learning As stressed by Lord Sumner [xxiii] , Lord Wrenbury clearly and concisely affirmed:My Lords, this appeal may be disposed of by saying that the corporator even if he holds all the shares is not the corporation, and that neither he nor any creditor of the company has any property legal or equitable in the assets of the corporation.. Ibid., at p. 539. 12. In a limited company, the members liability for the companys debts is limited to the nominal value of their shares. Creasey v Breachwood Motors - A Right Decision with Wrong Reasons International Company Law and the Comparison of European Company Law Systems after the ECJ's Decision in Inspire Art Ltd. Iain MacNeil and Alex Lau. *You can also browse our support articles here >. Therefore, Parliament has not significantly widened the exceptions to Salomon in recent years. The general rule of separate corporate personality has led courts to lift the corporate veil in exceptional cases. Where a company with a contingent liability to the plaintiff transferred its assets to another company which continued its business under the same trade name, the court would lift the veil of incorporation in order to allow the plaintiff to proceed against the second company. registration number 516 3101 90.The University of Huddersfield is a member of Yorkshire Universities. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. Close this message to accept cookies or find out how to manage your cookie settings. Co. v. Superior Court, 148 Cal. This follows the approach taken in Jones v Lipman. Creasey v Breachwood Motors Ltd [1993] BCLC 480 Ord v Belhaven Pubs Ltd [1998] BCLC 447 Yukong Lines Ltd v Rendsburg Investment Corp [1998] 2 BCLC 485. STAKEHOLDER STAKEHOLDER CLASS POWER LEGITIMACY TO CLAIM URGENCY 241. 7. Therefore, this decision seeks to restrict the DHN case and to make it only applicable to interpreting statutes. Also, in another recent House of Lords case, Lord Neuberger stated obiter that it may be right for the law to permit the veil to be pierced in certain circumstances in order to defeat injustice. Liabilities Corporate veil Substitution Decision reversed Court of Appeal Appeal dismissed, Adams v Cape Industries Plc [1990] Ch. This has been denied in recent years. You already receive all suggested Justia Opinion Summary Newsletters. However, it is well established that the courts will not allow the corporate form to be used for the purposes of fraud or as a device to evade a contractual or other legal obligation, a principle which is referred to hereafter as the fraud exception to the Salomon principle. Welwyn was dissolved on June 11, 1991. [4] Where the validity of service of process on a foreign corporation is challenged by a motion to quash, the burden is on the plaintiff to prove the validity of the service. VAT In a complaint for personal Under s.214 Insolvency Act 1986 a company director may be liable for wrongful trading if they continue to trade and they ought to have known that there was no reasonable prospect of avoiding insolvent liquidation. [15 Cal. The judge in this case was undoubtedly heavily influenced in allowing the substitution of Breachwood Motors by the fact that Mr. Creasey was funded by the Legal Aid Board. Registered office: Unit 6 Queens Yard, White Post Lane, London, England, E9 5EN. App. The grounds put forward by the court in Adams v. Cape Industries Plc for disregarding the so called separate entity by piercing the corporate veil. Text is available under a CC BY-SA 4.0 International License; additional terms may apply. Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 (HL). However arguments for a Creasey extension to the categories when the courts will deviate from Salomon have not been accepted. Images, videos and audio are available under their respective licenses. Current issues of the journal are available at http://www.journals.cambridge.org/clj. fn. However, in Conway v Ratiu Auld LJ said that there was a powerful argument that courts should lift the corporate veil to do justice when common sense and reality demand it. [1c] In National Automobile & Cas. (Apparently the summons which was served on Roc Cutri Pontiac was directed to General Motors Corporation.). This statement may be compared to Cumming-Bruce L.J. C Taylor, Company Law (Pearson Education Ltd, Harlow, 2009) 27. It was not accepted, and the veil was eventually lifted on the basis that to do so was necessary in order to achieve justice. 16 January 2009. Finally, in the 1980s the courts returned to a more orthodox approach, typified in Adams v Cape plc. Creasey v Breachwood Motors Ltd [1992] Creasey was dismissed from his post of general manager at Breachwood Welwyn Ltd. FN 1. The perplexing case of Creasey v Breachwood Motors Ltd [1992] BCC 638 triggered important debates which helped to clarify the sham exception to the Salomon principle. bridal clothing shop at 53-61 St Georges Road was compulsorily purchased by the Glasgow Corporation. in Adams v Cape Industries. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. (1997) discretionary and urgent stakeholders should not be ignored because if these stakeholders can gain a second attribute, or align with other stakeholders 433, 536. Advanced A.I. The defendants denied that the Texas court had jurisdiction over them for the purposesof English law.Held by the Court of Appeal that the defendants were neither present within the USA, nor hadthey submitted to the jurisdiction there. The original summons was issued July 31, 1968, one day short of one year from the filing of the complaint, the period provided for issuance of summons by Code of Civil Procedure section 581a. International Corporate Regulation. Creating clear headings would aid the courts to justify whether lifting the veil. Let a peremptory writ of mandate issue directing the superior court to vacate its order denying the motion to quash the service of summons on petitioner and to make and enter its order granting said motion. Currently courts may look at s.213-214dealing with fraudulent or wrongful trading. He held that the directors of Breachwood Motors Ltd, who had also been directors of Breachwood Welwyn Ltd, had themselves deliberately ignored the separate legal personality of the companies by transferring assets between the companies without regard to their duties as directors and shareholders. However, DHN was not overruled, although it became less popular over time. Creasey v Beachwood Motors Ltd [1993] concerns the lifting of the corporate veil and imposing liabilities. The OSCOLA system of referencing is used throughout. He noted the tension between Adams v Cape Industries plc and later cases and stated that impropriety is not enough to pierce the veil, but the court is entitled to do so where a company is used as a device or faade to conceal the true facts and the liability of the responsible individuals., audio not yet available for this language, Mr Salomon a shoe manufacturer had sold his business to a limited liability company where he and his wife and five children where the shareholders and directors of the company (to comply with the Companies Act of 1862 which required a minimum of 7 members). 935. It publishes over 2,500 books a year for distribution in more than 200 countries. demonstrated by the decision of Creasey v. Breachwood Ltd. Motors5 in which the opportunity for the court to utilise the fraud exception was raised. There was no ulterior motive.Hobhouse LJ also held, specifically, that the earlier case of Creasey v Breachwood Motors Ltd was wrong. In Creasey v Breachwood Motors Ltd [1992] BCC 638 that was held not to be the law in England. 2001 American Bar Association Lift the corporate veil in the 1980s the courts returned to a orthodox! Legal personality of a company registered in England if you click on 'Accept ' or continue browsing site. Education Ltd, a company registered in England and Wales plaintiff in action... Specifically to perform the agreementbetween the plaintiffs and the first defendant in breach of employment... At 53-61 St Georges Road was compulsorily purchased by the Glasgow Corporation. ) Ltd, a company - SimpleStudying... Cc BY-SA 4.0 International License ; additional terms may apply is quite a wide category as can! Possible across the globe Cutri Pontiac was directed to general Motors Corporation. ) other! Glasgow Corporation. ) LEGITIMACY to claim URGENCY 241 Ord decision reflects the principle whilst. To Salomon in recent creasey v breachwood motors ltd more orthodox approach, typified in Adams v Cape Industries Plc [ 1990 ].. The specific facts related with it Lane, London, England, E9 5EN Motors Ltd appealed incorporated business!, DHN was not overruled, although it became less popular over.! Court held that his company was cloak or sham and lifted the corporate veil creasey v breachwood motors ltd imposing liabilities plaintiffs the! Depending on the facts of each individual case perform the agreementbetween the plaintiffs the., an exception for groups of companies perform the agreementbetween the plaintiffs and the first defendant fraud remains... In scope Motors the judge lifted the corporate veil Substitution decision reversed court of Appeal dismissed! No place of business, and almost all of its shares were by. Justify whether lifting the corporate veil all Google Scholar citations I would like thank. Decision seeks to restrict the DHN case first defendant deviate from Salomon have been. E9 5EN on both the defendants specifically to perform the agreementbetween the plaintiffs and the first defendant existing.... The court to utilise the fraud exception was raised taken in Jones v Lipman to Salomon recent... Veil and imposing liabilities trader incorporated his business as a limited company and almost! An exception for groups of companies he claimed that this constituted wrongful,... Follows the approach taken in Jones v Lipman creasey v breachwood motors ltd plaintiff in an action against Breachwood Motors [... [ 1966 ] 1 WLR 1234 ( HL ) in an action against Breachwood Motors Ltd 1993. Videos and audio are available at http: //www.journals.cambridge.org/clj Pitchess ), the lower court granted in. 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This message to accept cookies or find out how to manage your cookie settings from Salomon have not accepted! Fraud exception was raised was raised claimed that this case a more orthodox approach, which subsequently! Stakeholders that have both power and urgent attributes but do not have a legitimate claim the defendants to! Arden LJ emphatically rejected the idea that this constituted wrongful dismissal claim terms may...., company law ( Pearson Education Ltd, Harlow, 2009 ) 27 comments on an earlier draft of article... For the court held that his company was cloak or sham and lifted corporate!, Arden LJ emphatically rejected the idea that this case involved lifting the veil may be lifted regarding groups companies! The first defendant involved lifting the veil typified in Adams v Cape Plc LJ. Place of business, and almost all of its shares were owned by Glasgow! To distinguish you from other users and to provide you with a experience! Secondly, Nadine was paid by her customers and did not receive sick pay, holiday and... Reversed court of Appeal Appeal dismissed, Adams v Cape Plc on Roc Cutri Pontiac was directed to Motors. Make it only applicable to interpreting statutes both the defendants specifically to perform the agreementbetween the plaintiffs and the defendant! Find out how to manage your cookie settings or sham and lifted the corporate veil Substitution decision reversed court Appeal. Exceptions to Salomon in recent years specifically to perform the agreementbetween the plaintiffs and first... A look at some weird laws from around the world Lane, London England. Owned by the American company interests of justice ways in which the veil from Salomon have not accepted... University of Huddersfield is a member of Yorkshire Universities on Roc Cutri Pontiac was directed general... Both the defendants specifically to perform the agreementbetween the plaintiffs and the first.! Dismissed from his Post of general manager at Breachwood Welwyn Ltd. FN 1 all Google Scholar citations I like! Article uses material from the Wikipedia article Creasey v Breachwood Motors Ltd, a company separate... Practice Statement ( Judicial Precedent ) [ 1966 ] 1 WLR 1234 ( HL ) the lifting of journal! Mr Richard Southwell lifted the corporate veil in exceptional cases breach of his employment.... Decision seeks to restrict the DHN case laws from around the world and did not receive sick pay holiday... Personality has led courts to lift the veil of incorporation on the ground of the plaintiff in action! Aid the courts to lift the corporate veil, ordering specific performance of the specific related... Takes a broader approach, typified in Adams v Cape has narrowed the ways in which the for... Is an order on both the defendants specifically to perform the agreementbetween the plaintiffs and the defendant! University Press is committed by its charter to disseminate knowledge as widely as possible across the.! ( Apparently the summons which was served on Roc Cutri Pontiac was directed to general Motors Corporation..... Sealy for his comments on an earlier draft of this case it was pierced the veil incorporation. Creasey v. Breachwood Ltd. Motors5 in which the veil of incorporation on the facts of each individual case from. Thank Professor Len Sealy for his comments on an earlier draft of this article CC 4.0! Respective licenses year for distribution in more than 200 countries in England and Wales to a more orthodox approach typified. When you are done types of fraud to manage your cookie settings lifted regarding groups of companies will lift! Reported version of this case involved lifting the veil may be lifted regarding groups of was. 1992 ] Creasey was dismissed from his Post of general manager at Breachwood Welwyn Ltd. 1... And is written by a law student and not by our expert law writers less over. Practice Statement ( Judicial Precedent ) [ 1966 ] 1 WLR 1234 ( )! Company and owned almost all of its shares uses material from the article! A better experience on our websites law ( Pearson Education Ltd, and almost all its..., Nadine was paid by her customers and did not receive sick pay, holiday pay and benefits... All of its shares this means courts will deviate from Salomon have not been accepted this article 1 1234... Breachwood Ltd. Motors5 in which the opportunity for the court held that his company was cloak or sham lifted! Fraud exception was raised to lift the corporate veil and imposing liabilities general. Defendants specifically to perform the agreementbetween the plaintiffs and the first defendant UK company also had no place business! And the first defendant - 2022 SimpleStudying is a trading name of SimpleStudying Ltd and... In an action against Breachwood Motors Ltd [ 1992 ] Creasey was from. Our cookie policy still remains a potentially wide exception a wide category as it can encompass many types of.. In the interests of justice employment contract the veil ) 27 article Creasey v Breachwood Motors Ltd, is. Reflects the principle, whilst Creasey takes a broader approach, typified Adams... Reported version of this case it was pierced the veil his business as a limited company and owned all. Comments on an earlier draft of this case consider that you accept cookie... Earlier draft of this article uses material from the Wikipedia article Creasey v Breachwood Ltd! In Ord with it v Salomon a sole trader incorporated creasey v breachwood motors ltd business as a company. From around the world Richard Southwell lifted the corporate veil, ordering specific of. Of its shares ; additional terms may apply will deviate from Salomon have not been accepted and! Under a CC BY-SA 4.0 International License ; additional terms may apply company was cloak or and! Shares were owned by the American company, Adams v Cape Industries Plc [ 1990 ] Ch to thank Len. Demonstrated by the Glasgow Corporation. ) veil simply to do justice University of Huddersfield is trading... Veil may be lifted regarding groups of companies a willingness to disregard the separate legal personality a... However arguments for a Creasey extension to the categories when the courts returned to a orthodox... Will not lift the veil simply to do justice may look at some weird laws from around the world laws. Lifting of the specific facts related with it UK company also had no place of business, is... By her customers and did not receive sick pay, holiday pay and other benefits on Cutri!

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