The case of Accentuate v Asigra has demonstrated an important point concerning the Commercial Agents (Council Directive) Regulations 1993.
In the case, the High Court determined that it had authority to hear a claim for compensation under the regulations even though the claim in question stemmed from an agreement which was subject to Canadian law and [...]

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The recent case of Claramoda v Zoomphase has highlighted the importance of having a clear contract when entering into a commercial agency agreement.
Mr Claramoda acted as an agent for Zoomphase - a clothing supplier - for conducting sales to shops. He had been the sole agent for the supplier in the UK and Ireland since [...]

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A recent decision in the Court of Appeal emphasised that to come within the definition of a “commercial agent” within the Commercial Agents (Council Directive) Regulations the agent has to act on behalf of the principal and not on his own behalf.
The case of Sagal (Trading as Bunz UK) and Atelier Bunz GmbH involved the [...]

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The case of BCM Group PLC v Visualmark Ltd & Anor highlighted some important points regarding commercial agents and restrictive covenants.
In the case, the agent, a seller of office equipment, disputed a restrictive covenant in his contract which read as follows:
16.1 The agent agrees that the agent will not following the termination of this agreement [...]

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On the termination of a commercial agency agreement, one of the principal entitlements of the agent is indemnity. The value of this indemnity should be commensurate with the value of the agreement itself: however, what impact should the brand name of the products supplied have on this calculation?
While in English law this has not yet [...]

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Every commercial agent has the right to a lump-sum payment in the event of the termination of their agency agreement. This payment can either take the form of compensation or an indemnity.
In order to obtain indemnity, a provision must be made in the agency agreement - if no such provision exists, the agent will be [...]

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Since the Commercial Agents Regulations were instituted in 1994, the courts have shown a marked tendency to favour the agent in any dispute, as agents are generally seen as the more vulnerable party.
However, a County Court case in April last year has found in the principal’s favour on a key issue which could have wider [...]

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