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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Agency - From: 2003 To: 2003

This page lists 16 cases, and was prepared on 02 April 2018.

 
Tigana Ltd v Decoro Ltd [2003] ECC 23; [2003] EWHC 23 (QB); [2003] EuLR 189
3 Feb 2003
QBD
Mr Justice Davis
Agency, Commercial, Damages
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 agreement, but continued to trade successfully with parties introduced. The claimant sought compensation, and the defendant resisted the application of the Regulations. Held: The claimant's role had been envisaged to be one of introducing customers, not of managing the difficulties with the Fire Regulations. Regulation 8(a) is conjunctive and cumulative: the transaction is to be due to the agent's efforts during the agency and the transaction is within a reasonable period after the agency contract terminated. The regulations are intended to be flexible. In this case, nine months was a reasonable period. The entitlement under regulation 17 continues where a contract expired by effluxion. The court set out fourteen factors to be allowed for in calculating an award: "the "damage" suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) - to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement. Clearly one important element, as the recitals to the Directive show, is to avoid a principal being unjustly enriched by retaining for itself without payment the entirety of the benefit of goodwill to which the activities of the agent during the agency have contributed. But another element (which finds both reflection and emphasis in Regulation 17(7) (a)) is to compensate the agent for the loss of a beneficial agency contract. One can perhaps there see some analogy with redundancy payments in an employment context: although the analogy cannot be pushed too far, since the policy considerations behind redundancy payments for employees are rather different."
Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3173) 8 17
1 Cites

1 Citers

[ Bailii ]
 
Habton Farms (an Unlimited Company) v Nimmo Times, 07 February 2003; [2003] EWCA Civ 68; [2003] 3 WLR 633; [2004] QB 1
6 Feb 2003
CA
Auld, Clarke, Jonathan Parker, LJJ
Animals, Contract, Damages, Agency
The first defendant had arranged for the purchase of a racehorse from the claimant, wrongly claiming to be acting as agent for the second defendant. The claimant did not then put forward the horse for sale in subsequent auctions, but then the horse contracted peritonitis and died. Held: The first defendant was liable for breach of warranty of authority. Since the claimant had decided not to put the horse in the auction because he considered the horse to have been sold already, the damages were not to be reduced by what might have been recovered at auction, because that failure derived from the sale itself.
[ Bailii ]

 
 Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight; CA 11-Feb-2003 - Times, 13 February 2003; [2003] 2 WLR 1496; [2003] QB 1270; [2003] EWCA Civ 113
 
P and O Nedlloyd B vDampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation Times, 13 February 2003; [2003] QB 1509; [2003] EWCA Civ 83; [2003] 1 Lloyd's Rep 239; [2003] 1 CLC 797; [2003] 2 All ER 700; [2003] 3 WLR 916; [2003] 1 All ER (Comm) 524
12 Feb 2003
CA
Lord Justice Laws, Lord Justice Brooke, Lord Justice Mance
Transport, Agency, Banking
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party. Held: The shippers as the bank's principals couldn't be the holders of the bills endorsed to the banks, and the rights of suit were transferred with them. Nevertheless, the bailment to the shipping line continued, and the shippers rights as bailor continued. The defendants were in breach of their duties as bailees.
Mance LJ said: "The duties of a bailee arise out of the voluntary assumption of possession of another's goods"
Carriage of Goods at Sea Act 1992 5(2)
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1 Citers

[ Bailii ]

 
 Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council; CA 19-Feb-2003 - Times, 21 February 2003; [2003] EWCA Civ 183; [2003] 1 WLR 1149
 
Day Morris Associates v Voyce and Another [2003] EWCA Civ 189
26 Feb 2003
CA
Lord Justice Sedley Mrs Justice Black
Agency, Contract, Civil Procedure Rules
The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its normal appellate function to remedy a defect in the trial in that the judge had relied upon a point unargued by the parties, as to whether Mrs Voyce had accepted the offer to act. Held: The parties wre given some latitude in the scope of their arguments. The judge had not clearly identified the contractual history. A contractual acceptance has to be a final and unqualified expression of assent to the terms of the offer. Here Mrs Voyce's behaviour had been enough to constitute such acceptance. Appeal allowed.
Civil Procedure Rules 52.11(3)(b)
[ Bailii ]
 
Burney v The London Mews Company Ltd [2003] EWCA Civ 766
7 May 2003
CA
Waller LJ, Kay LJ, Lindsay J
Agency, Contract
The defendant sought to appeal judgment against him for his estate agent's commission. They had been appointed sole agents. A second firm obtained the particulars for their own retained clients, but then copied the particulars onto their own letterhead and advertised the property generally, finding the buyer. That buyer refused to buy through the second agents and approached the appellant direct. The appellant sold the house to the buyer telling the agent the house was withdrawn. Held: Whilst a prudent draftsman would have put the point beyond doubt by making an express provision on the issue commission was payable because a purchaser was introduced "by another agent during that period" within the terms of the relevant clause. "It would, as it seems to me, drive a coach and horses through the agreements which all estate agents make with vendors, if the mere fact that a would be purchaser. Who picked up the particulars from an estate agent's desk, but carried out all the necessary bargaining thereafter, had the effect and of depriving the estate agent of their commission. . . What Kaye & Co did was to utilise the particulars. The effect of utilising the particulars was to introduce a purchaser -- the very thing which the vendor hoped would happen by virtue of his employment of London Mews. London Mews did nothing wrong. They are not relying on something that they were not entitled to do, and in my view, the judge was right in the conclusion he came to that on the facts of this case, London Mews introduced Mr Cullinane to the transaction by use of their particulars, and I would uphold the judgment on that ground.
1 Cites

1 Citers

[ Bailii ]
 
Alpha Lettings Ltd v Neptune Research and Development Inc [2003] EWCA Civ 704
20 May 2003
CA
Mr Justice Richards Lord Justice Schiemann Lord Justice Longmore
Agency

[ Bailii ]
 
Aci Worldwide (Emea) Limited v National Organisation Systems Technical and Trading Co Ltd [2003] EWHC 1163 (QB)
22 May 2003
QBD
The Honourable Mr Justice Eady
Agency, Contract

[ Bailii ]
 
Marcq v Christie, Manson and Woods Ltd [2003] EWCA Civ 731; Times, 30 May 2003; Gazette, 10 July 2003; [2004] QB 286
23 May 2003
CA
Lord Justice Peter Gibson, Lord Justice Tuckey and Lord Justice Keene
Agency
The claimant's stolen painting was put up for sale by the defendant. On being withdrawn, they returned it to the person who had brought it in. The claimant sought damages. Held: There was no reported case in which a court has had to consider the liability of an auctioneer who had simply put goods up for auction and then returned them unsold to the would-be seller. It is interference with the title or ownership of the chattel which counts for conversion. The assertion of a lien might have been a conversion, but the mere presence of an asserted right was not enough. The appeal failed.
Torts (Interference with Goods) Act 1977 11(2)
1 Cites

1 Citers

[ Bailii ]
 
McDowall v Inland Revenue [2003] UKSC SPC00382
26 Jun 2003
SCIT

Inheritance Tax, Agency, Scotland
Gifts had been made from an estate, purportedly under a power of attorney. During his lifetime, the deceased had made various gifts to his children. As he begand to suffer Alzheimers, he gave a power of attorney. He had substantial assets, well beyond his requirements. His attorney having considered the situation, began to make gifts to the children. After the death, the revenue contended that the gifts were of no effect. Held: A power of attorney falls to be strictly construed. The gifts were outside the powers of the attorney, and could be set aside. They were therefore ineffective to save tax.
Prescription and Limitation (Scotland) Act 1973 - Inheritance Tax Act 1984
1 Cites

[ Bailii ]
 
Light and Others v Ty Europe Ltd Times, 21 August 2003; [2003] EWCA Civ 1238; Gazette, 02 October 2003; [2003] EuLR 858
25 Jul 2003
CA
Ward, Tuckey LJJ, Lightman J
European, Agency
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, a claimant also had to have a contractual relationship. That did not apply here, and the claims failed.
Commercial Agents (Council Directive) Regulations 1993 (1993 No 3173) 2(1)
1 Cites

1 Citers

[ Bailii ]
 
Jordan Grand Prix Limited v Vodafone Group Plc [2003] EWHC 1956 (Comm); [2003] 2 Lloyds Rep. 874
4 Aug 2003
ComC
The Honourable Mr Justice Langley
Contract, Agency
The claimant asserted that the defendant had agreed in the course of a telephone conversation, to provide sponsorship, and sought to enforce that agreement. There were considerable conflicts of evidence. Held: Evidence given on behalf of the claimant was inconsistent and incredible. No contract was made, the person dealing for Vodaphone did not have authority to make any final agreement, and this was known to the claimant. The claim failed entirely.
1 Cites

1 Citers

[ Bailii ]
 
Pure Fishing (UK) Ltd v Cooper Watkins and Bartle [2003] EWCA Civ 1349; [2004] Eu LR 664
29 Sep 2003
CA
Lord Justice Schiemann, Lord Justice Rix
Agency, European
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 wide meaning under Regulation 17, a principal can be regarded under Regulation 18(a) as having terminated an agency contract when he fails to renew it. "
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
1 Cites

1 Citers

[ Bailii ]

 
 Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris; CA 21-Oct-2003 - [2003] EWCA Civ 1409; Times, 27 October 2003; Gazette, 20 November 2003; [2004] 1 WLR 997; [2004] 4 All ER 484
 
Benham Limited v Kythira Investments Ltd and Another [2003] EWCA Civ 1794
15 Dec 2003
CA
Lord Justice Simon Brown Mr Justice Keene Lord Justice Scott Baker
Litigation Practice, Agency
The appellant complained that the judge had accepted a case of no case to answer before the close of the claimant's case and without putting them to their election. The claimant estate agents sought payment of their account. The defendants alleged a fraud by an employee of the claimants who had now left. The claimants had been unable to call his evidence to support their claim. Held: "Rarely, if ever, should a judge trying a civil action without a jury entertain a submission of no case to answer. That clearly was this court’s conclusion in Alexander -v- Rayson and I see no reason to take a different view today, the CPR notwithstanding. Almost without exception the dangers and difficulties involved will outweigh any supposed advantages. "
Scott Baker LJ: "It seems to me that the wise words of Romer LJ in Alexander v Rayson in 1936 still hold good today. Only in the most exceptional circumstances should a judge entertain a submission to dismiss an action at the close of the claimant's evidence without putting the defendant to his election. This was not such a case and it is difficult to envisage many situations when such a course would be appropriate."
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