Overriding interests
This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it. Mrs Qutb had suffered from Alzheimer’s disease for a number...
View ArticleAgent entitled to indemnity even if serious breach discovered after...
Under the European Union’s Commercial Agents Directive, agents are entitled to be indemnified or compensated on termination of their agency agreements, except in some limited situations such as when...
View ArticleAgent liable to account for profits even if he not shown personally to...
This case involved claims brought by shipping companies against executives of the companies. Numerous allegations were made and the High Court ruled that one of the directors, Mr Nikitin, was liable as...
View ArticleOFT investigating agreements for online book pricing
The Office of Fair Trading is investigating whether e-book pricing agreements breach UK competition law. The Chapter I Prohibition of the Competition Act 1998 prohibits agreements which have as their...
View ArticleCourt takes differing views as to agent’s entitlement to commission according...
W was an expert on gaming industries. CAI wanted to expand its business into the UK and other countries. Under a 2005 agreement, W would be entitled to 4% of CAI’s equity in each UK project “introduced...
View ArticleCourt of Appeal rules that entire agreement clause did not exclude liability...
AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions....
View ArticleAgent’s failure to name principal correctly does not mean agent can be sued –...
D was an agent for M. D engaged KF to be a surveyor to provide services for M. D always made clear that he was an agent and for M, but he mis-named M’s legal name when he signed a contract on M’s...
View ArticleAgent can act for competing principals under Commercial Agents Regulations –...
S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the...
View ArticleEstate agent’s failure to explain “sole agency” term meant it did not get...
GEG was appointed by Digby as its “sole agent” for the sale of Digby’s property: During the sole agency period, Digby received an introduction for a purchaser through another agent, and Digby sold to...
View ArticleAgent not entitled to commission because of secret profit
Stupples v Stupples, High Court S was a founder at SC. He sold his interest in the business, but continued to act as a consultant and received commission on any business won as a result of his actions....
View ArticlePublishers offer to scrap agency model to avoid competition law enforcement...
Four international publishers and Apple have made an offer to the European Commission (EC) to scrap the “agency” model under which they currently distribute e-books after the EC had expressed concerns...
View ArticleWhat’s your relationship? Agent ordered to disclose emails to former principal
Fairstar Heavy Transport N V v Adkins and another, Court of Appeal The Court of Appeal has ordered that emails relating to the former relationship between an agent and principal had to be disclosed by...
View ArticleHigh Court provides guidance on when a business is a commercial agent
In Invicta UK v International Brands, the High Court has held that an agent can be a “commercial agent” even if the sales agent does not negotiate sales, but only procures transactions and acquires...
View ArticleAgents can’t have worst of both worlds in indemnity/compensation
Shearman v Hunter Boot, High Court The parties entered into an agreement under which Shearman was appointed as Hunter Boot’s commercial agent. Under the Commercial Agents Regulations, which were...
View ArticleEuropean Commission consults on Commercial Agents Directive
The European Commission has issued a public consultation on the Evaluation of the Commercial Agents Directive. The Directive sought to harmonise the laws surrounding the protection of commercial agents...
View ArticleCourt of Appeal dismisses agency contract argument that there was no...
Warren t/a On-Line Cartons and Print v Drukkerij Flach BV, Court of Appeal This case involved Warren’s role as DF’s agent in the UK. Warren retired and gave three months’ notice to terminate his...
View ArticleCommercial Agents Directive fit for purpose according to European Commission
The European Union law which protects commercial agents and gives them various rights such as compensation or indemnity payments following termination of the agency is still fit-for-purpose and should...
View Article6-month local post-termination restriction in agency agreement with no...
One Money Mail Ltd v Ria and Wasilewski, Court of Appeal Money Mail appointed Wasilewski as its agent to sell its money transfer services for Polish workers in the Hereford area. When appointed,...
View ArticleSeverability rescues unclear indemnity/compensation clause in agency case
Brand Studio Ltd v St John Knits, Inc, High Court This case involved the appointment of a commercial agent. In the agreement, the clause stated that indemnity would apply rather than compensation on...
View Article
