Claramoda Ltd v Zoomphase Ltd (T/A Jenny Packham): ComC 13 Nov 2009

The former distribution agent sought to claim under the Regulations. The defendant said that the claim had not been notified as it should, within one year. The agency was for the sale of fashion items. Termination had been informal, stating that it would take place at the end of the season. The defendant argued that the season (Spring/Summer) finished at the end of October, but he defendant said it was still selling the range through January.

Judges:

Simon J

Citations:

[2009] EWHC 2857 (Comm), [2010] 1 All ER (Comm) 830, [2010] ECC 1

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 17(9)

Jurisdiction:

England and Wales

Citing:

CitedMercantile International Group Plc v Chuan Soon Huat Industrial Group Ltd CA 8-Mar-2002
The court was asked whether the claimants were a commercial agent of the defendants under the 1993 regulations.
Held: It is common for agents acting in the sale of financial products, eg many types of insurance policies, to fix its own . .
CitedSagal (T/A Bunz UK) v Atelier Bunz Gmbh CA 3-Jul-2009
The court was asked whether the the appellant was a commercial agent of the defendant within the regulations, and so would be entitled to compensation on termination of the agency.
Longmore LJ said: ‘It does not follow that every agent acting . .
CitedParks v Esso Petroleum Company Limited CA 23-Jul-1999
The claimant sought to add a claim under the regulations for compensation after termination of his agency for the defendants. The lower court had rejected his claim saying that the petrol products he sold were at a price fixed by Esso, and that . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 05 December 2022; Ref: scu.379556