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06 September 2007 / Beverley Flynn , Navdeep Gill
Issue: 7287 / Categories: Features , Commercial
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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.

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DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
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