Briefing notes

HMRC has recently changed its policy in relation to the VAT treatment of early termination fees, including payments made on a breach of or withdrawal from a contract or by way of liquidated damages. In most cases, such payments will now be subject to...
Introduction From time to time suppliers will be faced with their distributors or customers failing to pay for goods supplied in accordance with the terms of the distributorship or supply agreement. As a recent High Court judgment makes clear, following...
For years, the duties owed by a principal to an agent under English law were few and far between. Whilst this changed for commercial agents with the coming into force of the Commercial Agents Regulations, non-commercial agents remained without rights at...
Where an agent cannot vary prices or other terms (for example, delivery dates) so as to obtain an order, does that mean that the agent is not a commercial agent so far as the law is concerned?  The question might seem innocent. However, it is at the...
Last month saw a hearing in the English courts where the agent was seeking a summary judgment to enforce a clause in the agency agreement permitting each of the principal and agent to inspect accounts and records kept by the other party.  The agency...
Could it be that Covid-19 provides distributors and suppliers with an opportunity? From the distributor’s perspective thoughts are likely to be at three levels. 1. Does the distributor want the distributorship agreement to continue? Is this a...
Following the outbreak of the coronavirus disease (Covid-19) pandemic, many businesses are looking closely at their banking and debt finance arrangements. As such, we set out below some key points for borrowers to think about in these difficult times: ...
The health crisis caused by Covid-19 represents an unprecedented challenge for the economy, having a special impact on the fashion industry. This webinar will analyse the main legal challenges that fashion houses address under this exceptional situation and...
At the present time many suppliers and distributors are looking at the impact of Covid-19 on their businesses and thinking – hard. Thoughts are likely to be at three levels. 1. Goods supplied for which payment is awaited First, in terms of...
Businesses with agents are currently experiencing Covid-19 (coronavirus) induced cancellation of orders obtained by their agents. But where cancellation occurs, are these businesses still liable to pay commission to their agents? It depends. First on...