Witness statements are a crucial part of any case. Their purpose is to show the case in its strongest light. Indeed, a case may be won or lost on the strength of the witness evidence and (assuming the case goes that far) the performance of the witness...
Disclosure. A key stage in the litigation process. Following both parties putting their best foot forward in their statements of case, where they set out the legal arguments upon which they are relying and a summary of the facts, this is where they...
It may sound obvious, however if you switch business mediums from a partnership to a company, or vice versa, ensure that your agency agreement is also transferred to the new entity. In the recent case Barnett Fashion Agency Limited v Nigel Hall...
April Fool's Day 2013 was no joke when it comes to litigation. The 'Jackson Reforms' (named after Lord Justice Jackson) saw a variety of changes to litigation. The most significant of these changes impact the ways litigation can be...
The law provides for an agent to be entitled to claim compensation or an indemnity on the termination of an agency agreement (subject to a number of exceptions). If an agent has a right to claim compensation (as opposed to an indemnity...
This article was featured in Packaging News and Footwear Today . Whisper it ever so quietly. But will George Osborne increase employer’s national insurance contributions in the upcoming budget? At present, a packaging manufacturer or...
Over the past decade the way that we shop has changed. Ten years ago you might have bought the odd thing online but this would have been a rare occurrence with the majority of purchases being made in store in person. But fast forward to today and...
It is a truth universally acknowledged that a principal who appoints an agent may find itself in need of some legal advice. This frequently occurs because the agent has been up to no good. The agent may have been acting for a competitor, or...
What is disclosure? Disclosure is the stage in litigation at which each party is required to disclose to the other party all documents in its possession or control, which are relevant to the case. If you get caught up in litigation with your agent or...
The Commercial Agents Regulations require an agent to act “dutifully and in good faith” and impose an obligation on the agent to look after the interests of his principal in performing his activities. Where an agent has been underperforming, and...
Agents and Distributors in Fashion Tuesday 19 March - 4.00pm to 6.00pm The three ages of an agent (with apologies to Titian) and Why taking back exclusive rights from a distributor may not be such a smart move The three ages of an agent ...
This article was originally written for and featured in Footwear Today . In a difficult economic environment the importance of successful distributors cannot be overstated. But all too often experience shows that whilst the brand may be a wow and...
Usually it is the principal in an agency relationship which faces the most risk if a written agency agreement is not put in place at the beginning or during the agency. However, a recent case has shown that it may not actually be in the best interests...
The boilerplate provisions of commercial contracts tend to be an unloved area. The provisions dealing with how much you will get paid or minimum purchase/sales amounts invariably attract more attention. However, this may result in you losing out or...
The entitlement of a commercial agent on termination of the agency agreement to compensation under the Commercial Agents Regulations is well known. Less well known is the decision of the House of Lords in Lonsdale that compensation needs to reflect the...
Some agency agreements provide for a terminated agent to be entitled to an indemnity in place of compensation following termination of the agency agreement. The amount of the indemnity cannot exceed a figure equivalent to an indemnity for one year...
Thursday 29 November 2012 6pm - 9pm The last 12 months have seen our agentlaw team involved in a series of agency terminations – acting for either the principal or the agent. Three client critical issues have emerged from cases with which we have...
Choosing between Sales Representatives and Commercial Agents in France Commercial agents and sales representatives are often considered indispensable tools for companies. The two roles, however seemingly similar, are governed by differing legal regimes...
A consignment agent’s role is to receive goods from a party (the consignor) for the purpose of sale. The ownership of the goods remains with the consignor and the agent sells the goods on behalf of the consignor, according to his instructions. The...
Do you have a good claim for compensation or indemnity under the Commercial Agents Regulations but cannot afford the legal costs to pursue it? Or even though you can afford the costs, would you prefer to share the risks with another...
In the recent case of Rossetti Marketing Limited v (1) Diamond Sofa Company, (2) Solutions Marketing Limited the Court considered whether an agent was capable of being a “commercial agent” within the definition of the Regulations if it acted for...
At the outset of a distribution agreement, what is to happen when the supplier–distributor relationship comes to an end is often the furthest thing from the parties’ minds. Initial arrangements can be informal and the minutiae of the...
"As a principal what should you bear in mind and how should you deal with a Subject Access Request (“SAR”) made by an agent? What is an SAR A SAR is a request for information under the Data Protection Act 1988 (the...
Difficult economic times inevitably result in two (connected) things: (1) disputes arising between businesses and (2) businesses being disinclined to resolve disputes to avoid throwing good money after bad. The popular (and often accurate) perception...
The Association of Professional Sales Agents (Sports and Leisure Industries) is inviting all agents in the sports trade to its annual general meeting and agency law seminar on June 27. The seminar, to be held at Federation House, Stoneleigh Park,...
If last year was hard for businesses, this year is proving harder. Unsurprisingly we have seen an upturn in principals and agents looking for a way out in anticipation that things may not be getting better. As such, this year our seminar tackles...
If the answer to this question is yes, you will need to consider your current agency or distributorship agreement to ascertain whether your principal or supplier has reserved the right to sell products online. As an agent or distributor, you should check...
When two parties agree to do business together, the excitement of future opportunities means that more often than not both want to focus on getting on with it rather than tying up the legal niceties of a contract. After a while, it may seem awkward to...
From a commercial perspective, seizing jurisdiction in your chosen court will in all likelihood give you the tactical advantage over settlement discussions with the opponent: a party is likely to be keener to settle a dispute then have the appetite to...
Bribery Media comment on the Bribery Act 2010 has focussed primarily on employees. There has been barely any thought given to agents and none to distributors. But if your agent intended his bribe to obtain or retain business from a customer,...
Tsunamis, earthquakes, terrorist atrocities, droughts, and labour disputes. It’s hard for a week to past without some significant actual or potential disruption to business life. Indeed whether it is flooded factories or a failure to distribute goods...
Litigation is expensive. If you become caught up in a dispute with your agent or principal, you will immediately be worried about the potential costs of the dispute. Although most cases settle before trial, the legal costs of a dispute escalate...
The European Self Employed Agents Directive allowed member states the opportunity to specify that a commercial agent may be entitled to either an indemnity or compensation payment in certain circumstances on termination. While the majority of...
Many readers will be aware that the implementation of the Bribery Act 2010 has been delayed. But delayed does not mean repeal. The Bribery Act is expected to be implemented later this year. When the Bribery Act comes into force, there...
What are “goods” is one of the critical issues which lie at the heart of the Commercial Agents Regulations. The Regulations apply to agents who negotiate the sale or purchase of goods on behalf of their principals. But notably,...
The extent to which account is to be taken of factors extraneous to the agency in determining the compensation payable to an agent is at the heart of the recent McQuillan judgment. McQuillan concerned the distributor and one of his agents for the...
The path of contracts does not always run smoothly, be it an agency agreement, distribution agreement or some other species of agreement, the parties will not always see eye to eye. While disagreements and disputes can be resolved through...
When considering whether to appoint a distributor in a foreign country, it is important to ascertain whether a distributor is entitled to any protection under the laws of that foreign country similar to those that agents benefit from under the European...
The economy remains as competitive as ever and doing business successfully remains a challenge. It is therefore important that poor performing and “high maintenance” agents are managed out for the good of the principal’s...
It is essential that when you are negotiating the terms of your agency contract with a principal or agent based in another country, you do not forget to sort out jurisdiction and governing law. Jurisdiction determines which country’s courts will hear...
What is the Bribery Act? The Bribery Act 2010, which became law in the United Kingdom on 8 April 2010 and will be in force from April 2011, is a new piece of legislation designed to combat the rising threat of bribery and corruption in international...
Are you involved in a commercial dispute and want to know how to fund it, or how to manage the financial risks? We have all the necessary expertise to advise you on what funding options are currently available for commercial cases, and which would ...
Is your agency agreement covered by the Commercial Agents Regulations? Surprisingly, the Regulations do not cover all agency agreements - click here to check if you might need to check your agreements . We answer a subscriber's question about an...
It may come as a surprise to learn that the Commercial Agents Regulations do not cover all agency agreements. They apply only to agreements where the agent is a “commercial agent”. A commercial agent is defined as: “a self-employed...
QUESTION: I was wondering if you could give me any advice on a problem I'm having with an agent. I make and sell handbags. I recently received a re-order from a company my agent had introduced. The company let me know that they were placing the order...
Mediation is a voluntary, confidential process of negotiation that is facilitated by an independent and impartial third person, a mediator. It is often an effective method of resolving disputes between principals and agents without the need for...
Written by Agentlaw Team 28 February 11 Volvo Car Germany GmbH v. Autohof Weidensdorf GmbH (C-203/09, 28 October 2010) Principals will find it even harder to avoid paying compensation to terminated agents under the Commercial Agents Regulations...
If you missed our annual Commercial Agents seminar you are now able to listen to an audio recording of the event here Also attached are the slides from the event. Download Publication Written by Agentlaw Team ...
In determining whether an agent can use swine flu in order to avoid contractual obligations, it is necessary to consider the concept of force majeure and whether swine flu can be an event of force majeure. The first issue arises because, whilst the term...
Whether you are an agent or a principal, when a dispute gets serious, the first steps you take can have a profound impact on how the dispute unfolds and who will achieve the better outcome. Below are some of the important points that everyone should start...
Seminar Thursday 26 November 2009 Getting it Right! The last 12 months’ have resulted in a multitude of cases where principals and agents have made mistakes which could have been avoided. Getting it right in the current economic climate...
Even if the wording of a retention of title clause is effective, the enforcement of it will still exist within practical and commercial limitations. Reclaim the goods v. debt claim Broadly, when a buyer fails to pay for goods delivered, the choice ...
When an agent’s performance has dropped off as a result of his contracting an incurable illness, the position of the principal is a difficult one under the Commercial Agents Regulations. This is because the Regulations do not expressly deal with the...
Written by Roshan Khan 28 September 07 UK Fashion Exports in assocation with Fox Williams is hosting a legal update seminar at 4pm, on Thursday, 18 September at 5 Portland Place, London. If you are a designer, sell through an agent or are involved in...
Written by Jane Elliot 20 August 07 Brand names can impact on indemnity payments to agents One of the principal entitlements of an agent on termination of the agency is that of indemnity. Under English law, the impact of the principal’s...
Written by Steve Sidkin 1 February 07 Please see attached PDF...
Written by Steve Sidkin 3 November 06 In this, our fifth annual Commercial Agents Regulations seminar, lawyers from the well-regarded Fox Williams’ agentlaw team will take you through some of the recent cases and how principals and agents can avoid...
Written by Steve Sidkin 4 October 06 Whether or not you have a written agreement with an agent who sells for you, don’t forget that both you and the agent are subject to EU Commercial Agency Regulations - even if you only have agents operating...
Written by Steve Sidkin 11 August 06 Fox Williams' agentlaw team will be speaking at the Commercial Agents Conference to be held on 5 October 2006 at Jurys Great Russell Street Hotel, London. Topics to be covered include: Employee v Agent ...
Written by Steve Sidkin 19 July 05 The obligation on the principal to pay commission to the agent should be straightforward. The agent takes the order which the principal accepts or confirms. The principal supplies the goods ordered and...
Written by Steve Sidkin 5 May 05 It is common for principals to have to pay a sum to their agents upon the termination of an agency agreement. Despite the regularity with which this situation arises, there remains confusion as to the tax status of...
Written by Steve Sidkin 19 July 05 Determining whether an individual is an employee or a commercial agent will usually be obvious – but as with many legal issues, things are not always that simple and there is a big “grey area” to...
Written by Steve Sidkin 16 September 04 Since the Treaty of Rome was signed the question of the compliance of distributorship and supply agreements with EC competition law has proved troublesome. For many years, those agreements have been exempt from...
Written by Steve Sidkin 18 October 04 TUPE is shorthand for the Transfer of Undertakings (Protection of Employment) Regulations 1981. When will TUPE apply? TUPE applies to the transfer of a business, or a part of a business, situated in the...
Written by Jane Elliot 16 September 04 It is extremely common for an agent to have a number of agencies. Indeed it would appear to make good business sense for an agent to act for a group of principals selling the same, similar or...
Written by Sarah Pooley 16 September 04 The popular perception about court litigation is that it is time consuming, stressful, costly, risky and only the lawyers ultimately benefit. Unfortunately, those assumptions are largely correct. However, as...
Written by Jane Elliot 24 August 04 Whatever the nature of your business, you need to consider whether you should be using force majeure clauses in your agreements to protect you operations. What is force majeure? The literal interpretation from...
Distributorship Agreement Checklist Written by Steve Sidkin 25 June 04 1. Parties state clearly the identity of the parties. If a company, state the place of incorporation, registered/principal office and any registered number. are the...
Written by Steve Sidkin 25 June 04 Parties state clearly the identity of the parties. If a company, state the place of incorporation, registered/principal office and any registered number. are the...
Written by Steve Sidkin 25 June 04 According to the old adage, two's company, three's a crowd. The trouble is that whilst that might be correct in respect of certain personal relationships, in business it is often the case that an agent will engage a...
Written by Steve Sidkin 21 April 04 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 18 March 04 The Commercial Agents (Council Directive) Regulations 1993 (as amended) provide for a commercial agent to be entitled to compensation for damage suffered as a result of termination of the agency agreement. Prior to...
Written by Steve Sidkin 11 December 03 Should there be a statutory right to compensation when a fixed term contract comes to an end? Most companies would probably answer with a resounding “no”. But in respect of commercial agents, it is...
Written by Steve Sidkin 18 November 03 Do you keep a list of contact information on your customers or suppliers? Do you have employees or agents? If so, then you are likely to be subject to the requirements of current UK data protection laws, which...
Written by Steve Sidkin 11 April 03 Planning termination In today’s difficult economy it is important that all parts of a business are working as hard as they can in order to contribute to the bottom line. Clearly this includes the...
Written by John Greager 20 March 03 How can you deal with disputes concerning your commercial agency, or avoid them altogether? John Greager of City law firm Fox Williams gives some practical guidance when it all starts to go wrong. We have all seen...
Written by Steve Sidkin 11 April 02 Over the last eight years, many principals have realised that they cannot afford to ignore the provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended) when dealing with their...
Written by Steve Sidkin 1 November 01 In a perfect world the relationship between principal and agent should be a win-win relationship. The better the principal does, the better the agent does and vice versa. But the world is not perfect. As a result...
Written by Steve Sidkin 1 July 01 The concept of no fault compensation being payable by one business to another was always likely to be a breeding ground for concern and uncertainty. It is unlike other areas of English common law which require fault...
Written by Jane Elliot 1 June 01 Provides an insight into the EC Regulation exempting certain categories of distribution and supply agreements from the application of Article 81 of the EC Treaty. Sets out the criteria with which the parties to such...
Written by Steve Sidkin 1 May 01 The dominance of national law over what the contracting parties have agreed is a well understood issue. By way of example, it has been the case for many years that an employer cannot avoid a claim for unfair dismissal...
Written by Steve Sidkin 1 March 01 The European Commission’s Report published three years ago examined the application of Article 17 of the European Self-Employed Agents Directive (86/653/EEC). Article 17 requires member states to take measures...
Written by Jane Elliot 1 March 01 Discusses the principal items to be dealt with in an agreement between a supplier and his agent or distributor, focussing on the key differences between an agent and a distributor and competition law issues....
Written by Steve Sidkin 1 November 00 When an agency agreement is terminated the parties to it will want to know if the Commercial Agents Regulations 1993 apply. This involves examining whether the agent is a commercial agent. In order to come within...
Written by Steve Sidkin 1 October 00 The idea of using middlemen in business is centuries old. Commonly, middlemen have been agents and distributors. In some economies, they occupy a powerful position. For example, in Japan wholesalers currently ...
Written by Steve Sidkin 1 August 00 The rights given to agents by the Commercial Agents (Council Directive) Regulations 1993 (as amended) have caused many principals to look at a variety of methods of circumvention. One in particular which has been...
Written by Steve Sidkin 11 April 00 There are many advantages for a company in appointing an agent or distributor. Correspondingly there are some disadvantages. One that is often overlooked is the possibility that the product being sold...
Written by Jane Elliot 11 April 00 “Disintermediation” is the elimination of intermediaries from supply chains. As a result of the growth in e-commerce, more and more suppliers are looking to cut out the middleman and sell directly,...
Written by Jane Elliot 1 March 00 Reviews the main provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended), highlighting the areas of: what constitutes a commercial agent; the statutory rights and duties of the...
Written by Steve Sidkin 1 November 99 In every litter there is a runt. At every ball there is a Cinderella. Invariably in every law there are provisions which tend to be overlooked or forgotten about. In this respect the Commercial Agents...
Written by Steve Sidkin 1 November 99 It is possible to compare the Commercial Agents Regulations to Gruyère. Despite the fact that the Regulations closely track the European Self-employed Agents Directive that they implement, many holes ...
Written by Steve Sidkin 1 November 99 In the last eighteen months the headlines have come thick and fast. Alcoa acquiring Inespal. Pechiney, Alcan and Algroup joining together. Alcoa bidding for Reynolds. The effect of consolidation in the metal...
Written by Steve Sidkin 1 September 99 Footwear suppliers are under great pressure. Retailers are now being forced by incessant competition to compete in the area which has the greatest potential to self-inflict pain – prices. Everyone provides ...
Written by Jane Elliot 2 August 99 Examines the issue of the law applicable to agency contracts and whether parties can exclude the application of the Commercial Agents (Council Directive) Regulations 1993 (as amended) in the light of two decisions...
Written by Steve Sidkin 1 July 99 Just over three years ago the European Commission drew attention to the problems facing lawyers in the United Kingdom in trying to interpret the provisions of Article 17 of the Self-Employed Agents Directive ...
Written by Steve Sidkin 11 April 99 One of the main purposes of the European Self-Employed Agents Directive was to harmonise the laws of member states of the European Union. Whilst this has been achieved to some extent, in the case of the...
Written by Steve Sidkin 1 September 98 It’s a phrase that we often hear when a client is asked to recall the details of an agreement. Many agreements exist without the need for written documentation. But, the protection enjoyed by a business...
Written by Steve Sidkin 1 July 98 The most controversial provisions of the Commercial Agents Regulations are those concerning the payment of compensation or the giving of an indemnity to a terminated agent. This is understandable. The Regulations ...
Written by Steve Sidkin 11 April 98 The issue The Regulations give agents many rights. Some during the continuance of the agency agreement; others when it has come to an end. In either case the issue is what can the agent do when his...
Written by Jane Elliot 2 March 94 New Years Day 1994 saw a revolution in UK agency law with the coming into effect of the Commercial Agents Regulations based on a 1986 EC Directive. The salient points of the Regulations may be summarised as follows: ...
