Briefing notes

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...
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...
The opportunities presented by Brexit Could there be opportunities for suppliers and distributors as a result of the UK leaving the EU, as is expected, on 31 October 2019 without a withdrawal agreement being in place?  The question may seem...
Could there be opportunities for suppliers and principals and distributors and agents alike as a result of the UK leaving the EU, as is expected, on 31 October 2019 without a withdrawal agreement being in place?  The question may seem...
Notice terminating the distributorship agreement arrives. In truth, the distributor has been expecting it for a while – all good things must past etc.  But what if the notice is defective? In particular, what if the distributorship agreement...
When an agency agreement ends, what is of most concern to the agent is the amount of compensation (or indemnity) to which the agent is entitled under the Commercial Agents Regulations 1993 (the Regulations). In respect of compensation, and as might be...
Commercial agents have traditionally performed their role in an itinerant manner, away from the principal’s premises (for example, by visiting customers and attending trade shows). Much of a commercial agent’s sales activities can now be...