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News & deals
Webinars on demand
Resale price maintenance – has the position changed?
Agency and distributorship agreements and a low growth economy
Excluding contractual liability – watch your language
Defective termination notices: navigating contractual and common law grounds amidst repudiatory breaches
The Commercial Agents Regulations: alive and kicking
Agency termination and indemnity – are there ways to reduce the amount payable?
Still think you’re exclusive? Think again
New developments in an agent’s entitlement to post-termination commission?
Principals and agents: the position following an administration
Think you’re exclusive? Think again!
Does an agent always have an entitlement to commission on repeat transactions?
Data protection clauses in agency and distributorship agreements: what do parties need to consider?
Is a sub-agent entitled to a share of an indemnity payment if a commercial agent is terminated?
When does an agent lose the right to compensation or indemnity?
“Pure” intermediaries v. commercial agents
Information as to commission
The enforceability of non-compete restrictions in agency, distribution, supply and franchise agreements
Changes in UK competition law – what it means for suppliers and distributors
The unusual effects of high inflation on agency and distributorship agreements
Online platforms – agents and distributors?
Selling instore or online – can distributors and retailers be charged different prices by manufacturers and suppliers?
Distributors and suppliers – how can you terminate an unwritten contract?
Russia – Ukraine: the impact of sanctions for suppliers and distributors on payments and order cancellations
Bribery and corruption: How distributors and agents can land their suppliers and principals in hot water
Minimum purchase requirements – can suppliers squeeze out underperforming distributors?
How to change an agency agreement
Supply chain changes
National Insurance Contributions increase – a reason to appoint agents
Act in haste, repent at leisure
Terminating agents and distributors – can Covid and Brexit reduce the cost?
Secret commissions, half-secret commissions, and agency
Stuck in the middle with you: Suppliers, distributors, and resale prices – part 3
What is the law of travel agency and what do you need to know? Part 4: what is the relationship between the travel agent and consumer?
What is the law of travel agency and what do you need to know? Part 3: what is the status of the principal in travel agency contracts?
What is the law of travel agency and what do you need to know? Part 2: how do I become a travel agent, and what if I create package holidays?
Conflicted out – how to avoid being caught by acting for two or more competitors
What is the law of travel agency and what do you need to know? Part 1: the basics of an agency relationship
Literary agent agreements
The Ever Given and the consequences for agency and distributorship contracts
Sales targets – the way to dispense with underperforming agents?
New costs and burdens in trade with EU distributors and suppliers – should you vary or terminate your agreements?
The EU / UK Trade Agreement: Two myths busted – Rules of Origin
The EU / UK Trade Agreement: Three myths busted – exporting and importing
The free trade deal with the EU is the equivalent of arthritis – you can still do most of what you did before, but it just takes a bit longer and is more painful!
The Commercial Agents Regulations 1993 in a post-Brexit world – Stephen Sidkin and Emma Roake write in LexisNexis
Why should software houses revise their agreements with resellers?
Wake-up call for the software industry
Could the Commercial Agents Regulations have resulted in Liverpool FC losing?
How not to draft an agency contract
HMRC changes its policy towards the VAT treatment of compensation payments and early termination fees
How not to renegotiate the terms of a distributorship or supply agreement
When is an agent owed a duty of good faith by the principal?
Who or what is a commercial agent so far as the law is concerned?
Does agreement for the agent to inspect the principal’s accounts offer adequate protection?
Moore v Piretta
An opportunity for distributors: the unexpected result of Covid-19
Your banking and debt finance arrangements and Covid-19: key points for borrowers
Stephen Sidkin speaking at UIA webinar – Covid-19: Legal challenges for the fashion industry
Order cancellation and Covid-19: is commission still payable to an agent?
Payments and order cancellations: what are suppliers and distributors thinking about at present?
Suppliers supply and distributors distribute blog: Risk of criminal liability when acting as a distributor
Fox Williams’ response to COVID-19
Cookies: what do businesses have to do to comply?
Using an agent or distributor – commit a criminal offence
Agents and disability: what is the position?
Agents and sub-agents – what are the issues?
The opportunties presented by Brexit – Stephen Sidkin writes in DB Reader
Imposing resale prices
Can you be awarded damages for loss of profit and compensation under the Commercial Agents Regulations 1993?
Agency and distribution – the opportunities presented by Brexit
Compensation under the Regulations – what is the calculation?
Stephen Sidkin article featured in agentbase: Working together – can the place where an agent works affect his status as a commercial agent?
Suppliers supply and distributors distribute – a regular blog, July 2019
When can the Commercial Agents Regulations be applied and what are the implications?
When can a contract be terminated due to a repudiatory breach?
Why Heads of Terms can fail to give certainty to a relationship
UK Supreme Court considers if software should be considered as goods or services following successful application by The Software Incubator
How can principals ‘squeeze’ the agency to reduce payments to agents?
Stephen Sidkin writes in Cabinet Maker – Working Together
The importance of certainty in contract terms
The peril of trial periods
Selective distribution agreements: How to retain control of your brand integrity and avoid a substantial fine
Can suppliers avoid their contractual obligations to distributors after 29 March 2019?
When can you not say you agree?
Working together – can the place where an agent works affect his status as a commercial agent
Why the non application of the Commercial Agents Regulations might continue to be bad news for principals
Uncertainty for UK agents post-Brexit
Placing yourself in conflict with your principal
Stephen Sidkin writes in Footwear Today – Agency termination: why it is important to know when it has happened
Stephen Sidkin writes in Footwear Today – Brexit: Find solutions to the potential chaos
Suppliers supply and distributors distribute – a regular blog, September 2018
Can a seller of goods ever be an agent?
Stephen Sidkin speaking at the European Commercial Law Summer School in Cambridge
Brexit and your business contracts
Brexit: Agency & Distributorship Agreements
No Oral Modification clauses
Does age matter any more to agents?
New Partner and Director promotions demonstrate core values of great client service and its people
Agency termination: why it is important to know when it has happened
Software agents now not entitled to statutory protection
Stephen Sidkin writes for Furniture News: Top tips for terminating agents
Governing law and jurisdiction: why getting it right is critical for cross-border contracts
Top tips for terminating agents – what principals need to know
How selective can a selective distribution system be?
Stephen Sidkin quoted in Equestrian Trade News – Upmarket brands win right to block third party retailing
Distributors entitled to compensation following termination of distributorship agreements
What is the entitlement of a commercial agent to commission if the principal does not get paid by the customer?
Secret commissions in agency – the oldest trick in the book
Why the non application of the Commercial Agents Regulations can still be bad news for principals
Selective distribution – preserving the “aura of luxury”
Commissionaire agents – treading a middle ground between commercial agents and distributors
Nike, Sanrio and Universal Studios join Guess in EU Commission probe
Guess are at risk if they are found to have contravened the EU rules- Fashion Law Partner Steve Sidkin quoted in Drapers
EU Commission asks questions of Guess
Appointing an exclusive agent: what are the issues to look out for?
When can you rely on implied terms for what is not in the contract?
Agents outside European Union: protected by EU Law?
Agents and distributors: the issues of confidential commercial information and personal data
Why relying on a distribution agreement “on a handshake” could be risky
What does your distributorship agreement say? And are you exposed?
Acting for two or more principals
Calculating compensation on agency termination – is four the new normal?
Resale price maintenance can be lawful
Illegal price fixing
Price fixing and minimum prices, £3million+ of fines, and the online channel
Software agents now entitled to statutory protection
When is a new customer not a new customer?
House accounts, taking customers back from an agent
A vital lesson for principals
When a trading relationship amounts to a distributorship
Agents, indemnity, and additional damages
Compensation or indemnity in agency contracts, the issue continues
Can you rely on a non-compete restriction against an agent?
The liability of distributors, minimum purchase requirements
The issue of time: critical timing issues in agency agreements
The lesser of two evils: is compensation or indemnity better for principals on termination?
Supplier and distributor: when things turn sour
EU Commission report into Agency Directive
Nai or Oxi – The Greek fall out
Could you face an overseas tax bill?
Franchisors face damages claims from German franchisees
Clowns to the left of me, Jokers to the right – Part 2
The 3 golden rules for getting the most out of your agents
Appointing distributors outside the UK: what you need to know
Interaction between a distributorship agreement and the supplier’s terms and conditions of sale
Clowns to the left of me, Jokers to the right – Part 1
The unexpected employment cost of terminating a distributorship agreement
Principals beware the misuse of personal data
How do you negotiate?
Falling in with the wrong crowd – don’t get slammed by sanction regimes
Entitled no matter what – Part 2
Implied duty of good faith – what is the current position for distributors?
Crossing borders – issues to be considered by UK principals and suppliers when appointing foreign agents and distributors
Preservation of documents – from hoarders to heroes
In sickness and in wealth?
No way out?
The exposure of sub-agents
Exclusive Jurisdiction Clauses – The New Trump Card
Software – goods or services?
The value of compensation
Closing doors: a conflict of laws
Customer orders – managing the gap between placement and fulfilment – issues that arise
Distributors to gain from home advantage where agreement with supplier is silent on jurisdiction
Timing is everything
Messy relationships – uncertainties at the start and end of the agency relationship
Principals and suppliers beware: Litigation funding now available for medium sized agency and distributorship cases
Russian action shows need for an exit strategy
Competition law and its effect on agency agreements
Entitled no matter what – Part 1
It’s in writing
Looking for the best of all worlds can leave you in a worse position
What period of notice does a party have to give to terminate a supply or distributorship agreement
Just when principals thought it was safe
Are you being sued Top tips on handling a High Court claim
Bribery and the sales agent
European Commission proposes review of EU Agents Directive
Compensation and non-compete restrictions
The age of wealth
Turn and face the change – Will agents, distributors, and franchisees benefit from the new Court rules?
Distributors gain a new power
Exiting a franchise agreement
The truth, the whole truth and nothing but the truth? How to successfully challenge witness statements
The Power of Disclosure: How the completion of disclosure and potentially damaging documents may help agents drive up the price of settlement
Tips for the principle on reducing an agents claim for compensation or an indemnity
One strike and you’re out – Always sue in the correct name!
Financing litigation – the changes
Michael Edwards v International Connection (UK) Limited
Use agents: Save tax and make money
All aboard and online? How do agency relationships fit in with the new online sales playing field?
Do you know what your agent is up to?
Agency Litigation: The Dos and Don’ts of Disclosure
Use it or lose it: Terminating agents for poor performance? Why the credibility of the principal is key
Maximising the performance of your distributors
Did I agree to that? The impact of governing law and jurisdiction clauses
Make a choice – otherwise you might not like what you get – governing law in agency contracts
Indemnity calculations: the value of new customers and increased business with existing customers
The importance of being honest: how credible is your witness?
Voyageurs, placements & representants v commercial agents
Consignment agents and the Commercial Agents Regulations – a tough sell?
Third party litigation funding: what is it and how does it work?
Can the use of s..t get you in deep shite
Agent Law Newsletter July 2010
Does an agent lose the benefit of the Regulations if he acts for more than one competing principal?
Consider early what will happen should your distribution agreement comes to an end
How to deal with a Subject Access Request (“SAR”) made by an agent?
Resolving agency disputes: Why? When? How?
Secondary Activities of Commercial Agents
The First Cases
The spinning pendulum
A Game of Two Halves
Calculating Compensation for Commercial Agents
When is an agent not a distributor
A curates egg
What is Reasonable Notice in a Distributorship Agreement?
In sickness and in wealth
Top Tips for Giving Notice of an Intention to Claim Compensation
Is an agent still entitled to its indemnity when it commits a breach of contract during its notice period?
The European Court sorts out the questions of where agents operating in several EU countries should be sued
Compensation – determining the amount payable
A Knock Out Blow For Nintendo
Claramoda Ltd v Zoomphase Ltd
Agency Agreements in Argentina
Contracts are you sure what terms you are working under
Seizing jurisdiction in the EU: race to the court room
Agent and distributor beware: is your principal or supplier considering selling products online?
Agent and distributor bribery: The need for principals and suppliers to protect themselves
To indemnity and beyond? Is compensation or a lump sum indemnity better on termination
Force majeure – have it or lose it
Access to Justice: Funding Litigation
A servant of two masters
TUPE and commercial agents
Principles of Competition
Are sub-agents covered by the Regulations?
Gledhill v Bentley Designs
I Think That’s What We Said
The Bribery Act 2010
Equal Opportunities for Agents?
Chevassus-Marchs Heirs v Groupe Danone (C-19/07)
Know Where You Stand
Principals Behaving Badly? A practical guide for agents to the Commercial Agents Regulations
Sagal v Atelier Bunz
The Legacy of Botched Drafting
House of Lords decision: Lonsdale v Howard & Hallam Limited
Governing law and jurisdiction: Getting it right is crucial
Push Me, Pull You
The Applicability of the Regulations
A failure of performance
Courts Clarify Commercial Agents Regulations Commercial Agents Regulations
Page v Combined Shipping & Trading Co Limited
The principal’s obligations in respect of commission
Francesca Caprini v Conservatore Camera di Commercio, Instria, Artigianto e Agricoltura (CCIAA)
Accentuate Limited v Asigra Inc – A case of goods v services and the effect of a foreign arbitration claim on the agent
Bellone v Yokohama
BCM Group Plc v Visualmark Limited and Anor
The meaning of goods
Brand names can impact on indemnity payments to agents
Colin Stewart Hunter v Zenith Windows Limited
Mr Guy Turner v Steinhoff UK Furniture Limited
What is mediation and how does it work?
Agency in tatters – top ten practical tips when things start to go wrong
Stuart Light and Others v Ty Europe Limited
Barret McKenzie v Escada (UK) Limited
Regulating Distributorship Agreements
Agency Agreement Checklist
Duffen v Frabo SpA (No 2) 2000 1 Lloyds Rep 180
Mercantile International Group Plc v Chuan Soon Huat Industrial Group Plc
Raoul Sagal (Trading as Bunz UK) v Atelier Bunz GMBH
A Breeding Ground for Uncertainty
After the Event Insurance, Third Party Funding and Conditional Fee Agreements
Bell Electric Limited v Aweco Appliance Systems GMBH & CO
Q&A: How best to deal with an agent/supplier relationship breakdown
Pace Airline Services v Aerotrans Luftfahrtagentur GmbH
Lloyd Gailey v Environmental Waste Controls and Others
The Extent Of The Regulations
Taking back the keys to the castle
AMB Imballaggi Plastici SR v PacflexL Limited
Appointment of a distributor overseas: Are distributors protected on termination?
Agents’ Angle on Consolidation
Parks v Esso Petroleum Company Limited
Trade Names, Distributorship and Agency Agreements
Using swine flu to avoid contractual obligations?
The Laws of Intermediation
AMB Imballagi v Pacflex
Stewart Roy v Pearlman
Alternatives to litigation
Abbey Life v Yeap
Act in leisure, repent in haste? Accepting or rejecting a breach of contract
Abbott v Condici Ltd and Another
Centrosteel Srl v Adipol GmbH
Employees and commercial agents
Data protection – are you adequately protecting personal information?
Julian Smith v Reliance Water Controls Limited
Douglas King v Tunnock Limited (2000) S L T 744
Goods v Services
Failing to provide for retiring agents
Tigana v Decoro
Distributorship Agreement Checklist
Bribery Act latest
Using force majeure to protect your business
PJ Pipe and Valve Co Limited v Audco India Ltd
Agents behaving badly – A practical guide to the Commercial Agents Regulations for principals contemplating termination
Scottish Power Energy Retail Limited v Taskforce Contracts Limited
Imageview Management Ltd v Kelvin Jack
Hackett v Advanced Medical Computer Systems Ltd
The Commercial Agents Regulations
Tony Vick v Vogle-Gapes Ltd
Commercial Agents Conference 2006
The Tax Consequences of Payments Under The Commercial Agents Regulations
Jackson Distribution Limited V Tum Yeto Inc
Top tips for dealing with agency disputes
Tamarind International Limited and Others v Eastern Natural Gas (Retail) Limited and Eastern Energy Limited
David Devers v Electricity Direct (UK) Limited
Robert John Kingsley v KJC Carpets Limited
One Step Back
Closing the Holes in the Gruyere
Compensation for Commercial Agents
Ingmar GB Limited v Eaton Leonard Inc
Termination of agency agreement without liability for compensation
Cerascope Ltd v Todagres S.A.
Staying in Harmony
The Sub-Agent’s Enigma
Suppliers supply and distributors distribute – a regular blog, December 2020
Suppliers supply and distributors distribute – a regular blog, April 2020
Suppliers supply and distributors distribute – a regular blog, March 2020
Suppliers supply and distributors distribute – a regular blog, February 2020
Suppliers supply and distributors distribute – a regular blog, January 2020
Suppliers supply and distributors distribute – a regular blog, December 2019
Suppliers supply and distributors distribute – a regular blog, November 2019
Suppliers supply and distributors distribute – a regular blog, October 2019
Suppliers supply and distributors distribute – a regular blog, September 2019
Suppliers supply and distributors distribute – a regular blog, August 2019
Suppliers supply and distributors distribute – a regular blog, July 2019
Suppliers supply and distributors distribute – a regular blog, June 2019
Suppliers supply and distributors distribute – a regular blog, May 2019
Suppliers supply and distributors distribute – a regular blog, April 2019
Suppliers supply and distributors distribute – a regular blog, March 2019
Suppliers supply and distributors distribute – a regular blog, February 2019
Suppliers supply and distributors distribute – a regular blog, January 2019
Suppliers supply and distributors distribute – a regular blog, December 2018
Suppliers supply and distributors distribute – a regular blog, November 2018
Suppliers supply and distributors distribute – a regular blog, October 2018
Suppliers supply and distributors distribute – a regular blog, August 2018
Suppliers supply and distributors distribute – a regular blog, July 2018
Suppliers supply and distributors distribute – a regular blog, June 2018
Suppliers supply and distributors distribute – a regular blog, June 2018
Suppliers supply and distributors distribute – a regular blog, May 2018
Suppliers supply and distributors distribute – a regular blog, April 2018
Suppliers supply and distributors distribute – a regular blog, March 2018
Suppliers supply and distributors distribute – a regular blog, February 2018
Suppliers supply and distributors distribute – a regular blog, January 2018