Cheshire West – scoring criteria

Introduction

In my previous article I summarised the key points of the decision and gave some initial comments.   I want to return today to consider some further points in the judgments of the Supreme Court Justices together with some more observations upon where we go from here.    I will not amend further my original post so that it can stand as my initial instincts.

The acid test

The first point is to note in response to questions put to me yesterday that it seems to me entirely clear that the ‘acid test' proposed by Lady Hale (at para [49]) is that of a combination of continuous supervision and control and a lack of freedom to leave. This can be seen from the judgment of Lord Neuberger at para [63] where expressing his agreement with Lady Hale he noted that ‘the twin features...

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