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The worst of both worlds

22 January 2016 / Sophie Belgrove , Alison Padfield
Issue: 7683 / Categories: Features , Commercial
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Sophie Belgrove & Alison Padfield examine commercial agents

There is a category of self-employed commercial agents for whom the law provides protection on termination of their agency agreements, loosely analogous to unfair dismissal rights for employees. These are “commercial agents”, and the protection is provided by the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (the Regulations), which implement EC Directive 86/653 (the Directive). The purpose of the Directive and the Regulations is to provide protection for commercial agents, but there is an obvious tension between that purpose and freedom of contract in an otherwise commercial setting. This is explored in two recent Mercantile Court decisions concerning the agent’s rights on termination: Shearman v Hunter Boot Ltd [2014] EWHC 47 (QB), [2014] All ER (D) 144 (Jan) and Brand Studio Ltd v St John Knits, Inc [2015] EWHC 3143 (QB), [2015] All ER (D) 23 (Nov).

Agents

“Commercial agents” for the purposes of the Regulations are self-employed agents who negotiate the sale or purchase of goods on behalf of

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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