header-logo header-logo

Agent payouts

06 September 2007 / Beverley Flynn , Navdeep Gill
Issue: 7287 / Categories: Features , Commercial
printer mail-detail

The legal protection offered to commercial agents continues to be contentious, say Beverley Flynn and Navdeep Gill

Commercial agents have received legal protection since the mid 1990s by virtue of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (the regulations). In general terms, the regulations apply to any self employed agent who has continuing authority to negotiate the sale or purchase of goods on behalf of a principal. The regulations do not apply to unpaid agents or those whose activities are considered to be secondary.
One of the most contentious aspects of the regulations has been the right of commercial agents to claim compensation in certain circumstances upon termination of the relationship.

There have been two recent cases which have dealt with different aspects of the regulations. The first, Crane v Sky In-Home Service Ltd and another [2007] EWHC 66 (Ch), [2007] All ER (D) 220 (Jan), looked at the application of the secondary test and whether an agent’s activities fell outside of the regulations as a result of those activities being secondary.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll