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A straightforward expression of the intentions of both parties to a work engagement may be crucial, but only if other factors are inconclusive.

MacKenna J, in Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance¹, expressed this principle as follows (at 512–513):

'It may be stated here that whether the relation between the parties to the contract is that of master and servant or otherwise is a conclusion of law dependent upon the rights conferred and the duties imposed by the contract. If these are such that the relation is that of master and servant, it is irrelevant that the parties have declared it to be something else. I do not say that a declaration of this kind is always necessarily ineffective. If it were doubtful what rights or duties the parties wished to provide for, a declaration of this kind might help in resolving the doubt and in fixing them in the sense required to give effect to the intention.'

While making it clear that