“…mercial and economic reality of the supplies made by Mainpay to A&E. The Court of Appeal had suggested a similar approach in Montgomery v Johnson Underwood Ltd [2001] EWCA Civ 318; that was an employment case in which Buckley J gave the lead judgment with which the other two members of the Court agreed. He said this at [19] (emphasis add…”
“…This was corrected by the Court of Appeal in Montgomery v Johnson Underwood Ltd [2001] EWCA Civ 318; [2001] ICR 819. Each of the judgments made clear that the “irreducible minimum” of mutuality of obligation and control must be satisfied before a contract of …”