Briefing notes

Could you commit a criminal offence for something done by your agent or distributor?  The answer, scarily, is “yes”.  Where your agent or distributor acting in that capacity (that is, as your agent or distributor) commits a tax...
Why the dog should wag the tail As a supplier how important is your name or brand?  The answer which is invariably given by most suppliers is that it is extremely important.  Name or brand – they mark you out from your competitors. ...
A disability, unfortunately, can affect anyone.  But, in the context of a commercial agent who is an individual, there are particular legal issues of which a principal needs to be aware.  The Commercial Agents Regulations A disability can...
Interpreting a distributorship agreement Interpretation is a key aspect of humanity. Incorrect interpretation of words, speech, actions, and reactions can have fatal consequences. On a lesser scale, the same is true of distributorship agreements in...
The appointment of an agent who then goes on to appoint one or more sub-agents is fairly common.  But despite being fairly common, less certain is the application of the Commercial Agents Regulations both to agents and sub-agents.  What is the...
But on what terms? The terms in question are those of the supplier. All too often a distributorship agreement will: fail to refer to the supplier’s terms and conditions of sale; or conflict with the supplier’s terms and conditions of sale;...
Resale prices are important at all stages of the supply chain. But, the issue of resale prices is also one which can cause legal concern. This is particularly so when a supplier seeks to impose the resale price on its buyer.  At the retail level, the...
Could there be opportunities for suppliers, principals, distributors and agents alike as a result of the UK leaving the EU, without a deal?  Stephen Sidkin , a partner at Fox Williams LLP, mulls things over. The question may seem counterintuitive, but...
Agents under the Commercial Agents Regulations 1993 (the Regulations) are entitled to compensation for loss of profits even if the contract between the parties has not been breached but has been lawfully terminated by the Principal. However, if the contract...
Do you know your Incoterms?  It may sound an arcane question – something which is the responsibility of “sales”.  But at a time of Brexit uncertainty the need to know and understand Incoterms could rise up the to do list rapidly...