FAQ's
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It depends. Your agency contract may for a fixed term (ie, ending on a definite date), in which case the contract can normally be expected to run for that entire period. The parties may, of course, agree to vary the term of the contract if the correct...
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Are sub-agents covered by the Regulations? At the present time, we don’t know. Neither the Regulations nor the Directive address the issue of sub-agents. Equally there have been no reported cases that have considered the issue. However, the...
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The issue of the principal’s liability to pay his agent in circumstances where the principal has not been paid is one of the most complex under the Regulations. A distinction is drawn by the Regulations between commission accruing and becoming...
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The Regulations apply to all commercial agents undertaking activities within Great Britain unless the parties have agreed that the law of another member state of the European Union is to apply. Accordingly, most agents operating in the UK are protected by...
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Regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 (as amended) provides that, when the agency relationship comes to an end, agents are entitled to be indemnified or compensated. Indemnity is only available where the agency...
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Litigation can be expensive and can often deter an agent from bringing a claim against his principal. In the event of an agent losing his claim, not only would he have to pay his own solicitor’s costs, but he would also normally have to pay...
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This will depend on how much time has elapsed since termination. If you are a ‘commercial agent’ as defined in the Regulations then the Regulations will apply to your agency relationship whether or not you were aware of them prior to...
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Until very recently, it has been the case that two years’ earnings was thought to be the correct benchmark for the assessment of the compensation to be awarded to a commercial agent whose agency had been terminated. Although the Commercial...
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Given that the Commercial Agents Regulations are drafted heavily in favour of agents, it is better for principals to put in place a written contract governing the terms of the agency. This is in order that the contract can, so far as the Regulations...
