header-logo header-logo

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

Agent payouts

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll