header-logo header-logo

The worst of both worlds

22 January 2016 / Sophie Belgrove , Alison Padfield
Issue: 7683 / Categories: Features , Commercial
printer mail-detail
nlj_7683_belgrovepadfield

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll