AgentLaw - News

Case summaries

Gledhill v Bentley Designs
Non-compliance with a principal’s reasonable instructions can put an agent in all sorts of difficulties. This is especially so where an agent is unwilling to change working practices. This is...
Written by Agentlaw Team
20 July 10

Accentuate Limited v Asigra Inc – A case of goods v services and the effect of a foreign arbitration claim on the agent
Although the Commercial Agents Regulations have been in force for over 16 years, many important issues remain to be resolved. Among these issues are: 1. What are “goods”?&nb...
Written by Steve Sidkin
29 April 10

Sagal v Atelier Bunz
This case highlights the importance of making sure that your activities are properly that of an agent or principle, if that is your intention. Factual Background Mr Sagal entered into an agreement...
Written by Rod Dykins
29 December 09

Jackson Distribution Limited V Tum Yeto Inc
Jackson Distribution Limited (“Jackson”) was the sole distributor of Tum Yeto Inc’s (“TYI”) range of “Dekline” products in the United Kingdom and the Republ...
Written by Jane Elliot
12 May 09

House of Lords decision: Lonsdale v. Howard & Hallam Limited
Case summary – House of Lords decision: Lonsdale v. Howard & Hallam Limited Background In 1990 Howard & Hallam Limited, a shoe manufacturer, appointed Mr Lonsdale a...
Written by Agentlaw Team
10 March 09

Imageview Management Ltd v Kelvin Jack
Background Mr. Kelvin Jack is an international goalkeeper from Trinidad and Tobago. Imageview Management Ltd (“Imageview”), a footballer’s agency, owned by Mr. Mike Berry, acted...
Written by Agentlaw Team
13 February 09

DAVID DEVERS –v- ELECTRICITY DIRECT (UK) LIMITED
Mr Devers was retained as an agent for Electricity Direct on 24 May 2000. Mr Devers carried on his agency business as a sole trader under the name Powerforce Marketing. The 24 May 2000...
Written by Agentlaw Team
7 November 08

Scottish Power Energy Retail Limited v Taskforce Contracts Limited
Scottish Power appointed Taskforce as its agent for the sale of gas and electricity to domestic customers by doorstep selling. A few years later, Scottish Power appointed Taskforce as its agen...
Written by Jane Elliot
5 August 08

Cerascope Ltd v Todagres S.A.
This case in the English courts was concerned with the matter of whether an agent’s notification to his principal was sufficient to stop the clock running on the one year limitation period fol...
Written by Sophie Albinson
26 June 08

Raoul Sagal (Trading as Bunz UK) v. Atelier Bunz GMBH
Raoul Sagal (Trading as Bunz UK) v. Atelier Bunz GMBH By Marsha Aldridge Facts Raoul Sagal (“Sagal”) claimed that he had acted as a commercial agent for Atelier Bunz GMBH (“Bun...
Written by Marsha Aldridge
17 April 08

Chevassus-March’s Heirs v. Groupe Danone (C-19/07)
Chevassus-March’s Heirs v. Groupe Danone (C-19/07) European Court of Justice (First Chamber) 17 January 2008 [2008] Bus. L.R. 1290 The Facts Groupe Danone appointed an agent to represent...
Written by Marsha Aldridge
17 January 08

BCM Group PLC v Visualmark Limited and Anor
Visualmark acted as agent for BCM Group for the promotion and sale of office equipment under the terms of a written agency agreement signed in 2001 which contained post-termination restrictive coven...
Written by Jane Elliot
26 May 06

Michael Edwards v International Connection (UK) Limited
This case concerned the appeal to the Court of Appeal by International Connection (UK) Limited (“ICL”) against the order of His Honour Judge Knight QC in the Central London County Court...
Written by Sarah Pooley
27 April 06

Tony Vick v Vogle-Gapes Ltd
The claimant, Tony Vick, was employed by the defendant company, Vogle-Gapes Ltd, in 1996 as a salesman. In 1999 he gave up his employment and became a sales agent for Vogle-Gapes. The agency ag...
Written by Tom Custance
30 March 06

PJ Pipe and Valve Co Limited v Audco India Ltd
One of the most recent cases concerning the Commercial Agents Regulations decided by the High Court has gone some way to clarifying three aspects of the Regulations which previously had given rise t...
Written by Steve Sidkin
2 September 05

Mr Guy Turner v Steinhoff UK Furniture Limited
The key issue to be decided was whether the Defendant had, by its conduct, repudiated the agency agreement, allowing the Defendant to accept such repudiation, treat the agreement as terminated and m...
Written by Jane Elliot
4 July 05

Ingmar GB Limited v Eaton Leonard Inc
Ingmar had acted as Eaton Leonard’s exclusive agent for the sale of its tube and pipe bending machines and associated equipment for the aircraft and automotive industries in the United Kingdom...
Written by Jane Elliot
11 May 05

Abbott v Condici Ltd and Another
Abbott v Condici Ltd and Another The Claimant (Abbott) had been in business as a commercial agent in the fashion trade for approximately 43 years. Abbott retired in December 2000 aged 65 and a...
Written by Jane Elliot
16 November 04

Lloyd Gailey v Environmental Waste Controls and Others
Mr Gailey was engaged by Environmental Waste Controls, suppliers of waste compaction and handling equipment, to procure sales of such equipment in return for commission at a rate of 50 per cent. of...
Written by Jane Elliot
5 December 03

Julian Smith v Reliance Water Controls Limited
Mr Smith worked for Reliance Water Controls Limited ("Reliance"), a wholesaler of plumbing and bathroom products, from September 1996 until he was summarily dismissed on 15 January 1999 for gross mi...
Written by Sarah Pooley
30 July 03

Stuart Light and Others v Ty Europe Limited
This case concerns an appeal by Ty Europe Limited ("Ty") from a High Court decision of Judge McGonigal concerning the status of sub-agents. The questions which arose were whether a sub-agent of a pr...
Written by Sarah Pooley
25 July 03

Francesca Caprini v Conservatore Camera di Commercio, Instria, Artigianto e Agricoltura (“CCIAA”)
Ms Caprini was a commercial agent for the sale of advertising space in Italy. She submitted a request to the office of the registrar of undertakings in Trento, Italy, for enrolment in the Ital...
Written by Steve Sidkin
6 March 03

Abbey Life v Yeap
The term “goods” forms a key part in the definition of a commercial agent under The Commercial Agents Regulations. Unfortunately the Regulations fail to define by what is meant by...
Written by Steve Sidkin
6 March 03

Tigana v Decoro
Decoro was a Chinese manufacturer of leather furniture. Mr Coleman was a well established agent for leather furniture in the UK. Mr Coleman became aware of the products offered by Decoro thou...
Written by Steve Sidkin
3 February 03

Bell Electric Limited v Aweco Appliance Systems GMBH & CO
Summary of the First Instance Decision The Claimant ("Bell") in this case was a company which did almost all of its business through its Managing Director, Mr Bell. The Defendant ("Aweco") was a la...
Written by Sarah Pooley
8 May 02

Mercantile International Group PLC v Chuan Soon Huat Industrial Group Plc
The claimant argued that it had acted for twenty years as the defendant timber products manufacturer’s commercial agent. There had been a series of agreements between the parties. The most re...
Written by Steve Sidkin
8 March 02

Barret McKenzie v Escada (U.K.) Limited
Barret McKenzie had acted as the agent of the fashion company, Escada, since December 1988. The agency agreement was summarily terminated by Escada in July 1998. The agent’s main claim was for...
Written by Jane Elliot
1 February 01

Centrosteel Srl v Adipol GmbH
Facts Centrosteel Srl (Centrosteel) acted as agent in Italy for the Austrian company Adipol GmbH (Adipol). On termination of the agency agreement, Centrosteel sought to recover payment of unpaid...
Written by Agentlaw Team
13 July 00

Tamarind International Limited and Others v Eastern Natural Gas (Retail) Limited and Eastern Energy Limited
Eastern Gas and Energy were two subsidiaries of Eastern Electricity plc. Tamarind was appointed by Eastern under written agreements for the purpose of pre-selling contracts to existing British Gas c...
Written by Jane Elliot
27 June 00

Douglas King v Tunnock Limited (2000) S L T 744
Mr King had acted as a commercial agent exclusively for Tunnock, a cake and biscuit manufacturer, since 1962. The agreement between the parties was terminated in 1994 when Tunnock closed its bakery...
Written by Sarah Pooley
16 March 00

Hackett v Advanced Medical Computer Systems Ltd
Mr Hackett had been a commercial agent for Advanced Medical Computer Systems Limited. Advanced Medical terminated Mr Hackett’s agency on 11 April 1994 without giving Mr Hackett the proper noti...
Written by John Greager
24 September 99

Stewart Roy v Pearlman
In 1983, Mr Roy and M R Pearlman (“MRP”) entered in a commercial agency agreement. Mr Roy was MRP’s sole selling agent in Scotland for a particular range of products, subject...
Written by Steve Sidkin
10 March 99

Pace Airline Services v Aerotrans Luftfahrtagentur GmbH
Ukraine International Airlines appointed Pace as its general cargo agent. Pace in turn entered into an agreement with Aerotrans. Under the terms of this agreement Aerotrans was to market cargo space...
Written by Jane Elliot
18 December 98

AMB Imballagi v Pacflex
It is understandable that claims for compensation or indemnity made by agents under the Commercial Agents (Council Directive) Regulations 1993 (as amended) should lead principals to look to various de...
Written by Steve Sidkin
1 October 98

Moore v Piretta
Mr Moore was recruited by Piretta PTA Ltd (“Piretta”) in January 1998, as a part of its sales drive in the UK for its range of Finnish fashion clothing. Moore initially signed a on...
Written by Steve Sidkin
25 February 98

Parks v Esso Petroleum Company Limited
Mr Parks was the tenant of a service station owned by Esso under an Esso Motor Fuels agency agreement. The terms of the agreement were that Mr Parks was obliged to buy all his motor fuels and lubric...
Written by Sarah Pooley
11 February 98

AMB Imballaggi Plastici SRL v Pacflex Limited
Imballaggi manufactured plastic packaging materials. In addition it imported such materials into the United Kingdom. There was no written agreement between the parties. It was clear from the evidenc...
Written by Jane Elliot
9 February 98

Colin Stewart Hunter v Zenith Windows Limited
The claim was made by an area sales agent who was responsible for recruiting, supervising and training several double glazing sales agents for the effective marketing and selling of Zenith’s p...
Written by Jane Elliot
13 June 97

Robert John Kingsley v KJC Carpets Limited
Mr Kingsley has worked for many years as an agent in the carpet industry. He acted as agent for KJC Carpets’ agent from 1988 to 1994. In September 1994, KJC Carpets terminated Mr K...
Written by Steve Sidkin
4 June 96

Page v Combined Shipping & Trading Co Limited
Mr Page was a sole trader in essential oils. Since 1990 he had acted as agent for Combined Shipping & Trading Company Limited. In 1995 the parties had entered into a written agency contract whic...
Written by John Greager
24 May 96

Bellone v Yokohama
Before Ms Bellone was a commercial agent for Yokohama in Italy. Under Italian law, a person was not entitled to undertaken the activities of a commercial agent unless that person was entered i...
Written by Steve Sidkin
30 April 89

Duffen v Frabo SpA (No 2) 2000 1 Lloyd’s Rep 180
Duffen was involved in the supply of products to the plumbing trade. Frabo SpA (“Frabo”) was a family run, Italian company which manufactured pipe fittings for the plumbing trade. With a...
Written by Sarah Pooley
30 April 89