Briefing notes

Lessons from the recent judgement in Green Deal Marketing Southern Limited (“GDM”) v Economy Energy Trading Limited (“EE ”).  In previous issues of agentlaw news, we have discussed certain parts of the recent judgment in ...
Taking over distribution There can be various reasons for a supplier to want to take over distribution from its existing distributor although usually these fall in to two broad categories – money and service. Take the situation where the...
Governing law and jurisdiction – the key issues for any distributorship agreement - Part II Given the way in which a distributorship agreement can come into existence ( see here ) it should come as no surprise that there can be confusion as to the...
Principals and agents will be familiar with agency contracts coming to an end due to the agent failing to meet Key Performance Indicators (KPIs) contained in the parties’ contracts. However, whether a court will find that this breach is enough for a...
Governing law and jurisdiction – the key issues for any distributorship agreement – Part I Following on from my  last blog , playing away from home can have various consequences – some of which may be enjoyable! But being forced to...
Heads of Terms, Memoranda of Understanding, Letters of Intent, Heads of Agreement – the interchangeability of the names used is largely irrelevant. Principals and agents sometimes agree Heads of Terms to formalise an intention to begin negotiations of...
Law firm, Fox Williams LLP advises The Software Incubator in Supreme Court hearing In a significant case for the software industry, the UK Supreme Court will consider if software should be considered ‘goods’ or ‘services’. This...
Working together - can the place where an agent works affect his status as a commercial agent? Commercial agents have traditionally performed their role in an itinerant manner, away from the principal's premises (for example, by visiting customers and...
What should be the role of the distributorship agreement? This may appear a strange question to ask. But there can be confusion between the distributorship agreement which serves as an umbrella agreement between supplier and distributor under which the...
Supplier, distributor, principal, or agent: ensuring that written contracts are in place is very important. But equally important is the need for the distributorship and agency contract to be sufficiently clear and provide certainty as to what has been...