The claimant said that he had been an agent of the defendant within the 1993 Regulations, and entitled to compensation on termination of that contract. Longmore, Tomlinson, Fulford LJJ [2014] EWCA Civ 993 Bailii Commercial Agents (Council Directive) Regulations 1993 17 18 England and Wales Agency Updated: 17 December 2021; Ref: scu.534638
Case referred to ECJ. Judges: Peter Gibson, Aldous, Potter LJJ Citations: [1998] EWCA Civ 1366 Statutes: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17, Commercial Agents (Council Directive) Regulations 1993 Jurisdiction: England and Wales Citing: Cited – Moore v Piretta … Continue reading Ingmar GB Limited v Eaton Leonard Technologies Inc: CA 31 Jul 1998
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ notice was given. Held: The agent’s appeal failed. The UK had chosen to implement both the allowed … Continue reading Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the … Continue reading Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The … Continue reading Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996
Citations: [2004] EWCA Civ 375 Links: Bailii Statutes: Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17 Jurisdiction: England and Wales Citing: Cited – Moore v Piretta Pta Ltd QBD 11-May-1998 M had a series … Continue reading Cooper and others v Pure Fishing (UK) Ltd: CA 18 Mar 2004
The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being a general agency agreement under which the claimant was given exclusive rights to represent the defendant and … Continue reading PJ Pipe and Valve Co. Ltd. v Audco India Ltd: QBD 2 Sep 2005
The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term. Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a … Continue reading Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003
The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. Held: In addition to the question of whether they were agents within the directive, … Continue reading Light and Others v Ty Europe Ltd: CA 25 Jul 2003
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the principal continued to derive benefit. Held: The agency contract was to be interpreted to … Continue reading Moore v Piretta Pta Ltd: QBD 11 May 1998
Claim for damages for repudiatory breach of agency agreement,and for damages for termination of sales agency agreement. The defendant argued that the 1993 Regulations did not apply since the supply of computer software under the contract was not a supply of goods as required by the Regulations.As to whether the software was goods: ‘The Product … Continue reading The Software Incubator Ltd v Computer Associates UK Ltd: QBD 1 Jul 2016
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