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Commercial Agency Disputes

A commercial agent is a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of another person.

Commercial Agency Dispute Solicitors

Commercial Agency Disputes occur when an agent (a person/business providing a service) and the principal (the person/business employing the agency) have a disagreement.

Who do we act for?

We act for both principals and agents in relation to issues and disputes that may arise under The Commercial Agents (Council Directive) Regulations 1993.

The Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations) set out provisions intended to protect commercial agents in relation to their principals.

How can we help with Commercial Agency disputes?

This is a complex area of law where advice should be obtained. These are example of how we can assist:

  • Identifying if the contractual arrangement you have is covered by the Commercial Agents Regulations
  • Obligations exist during the agency period which govern the payment of commission and the provision of information by both parties, and we advise on the extent of those obligations under the Commercial Agents Regulations and the merits of your position
  • The Commercial Agents Regulations apply minimum periods of notice for termination of a commercial agency in the absence of any contractual provisions and we advise on the applicable notice period and form of notice to serve
  • Issues arise over the termination of commercial agencies, particularly in relation to when termination can be forced on the other party, or when termination is effective under the Commercial Agents Regulations. We advise on the merits of your position and whether there is the ability to terminate the agreement
  • Once a commercial agency agreement has been terminated, in most cases the agent has a right to compensation or an indemnity. Any claim for indemnity or compensation must be made within a year of termination so it is important for agents to be aware of this to ensure their claim is progressed in time.
  • The differences between indemnity and compensation payments are complex but important to understand as they can mean drastically different amounts being payable to the commercial agent. We advise on which payment is likely to be due and the merits of your position under the Commercial Agents Regulations.

 

Contact our Commercial Dispute solicitors in Bristol or London

Let’s talk. You can call us on 0117 906 9400 or email hello@gl.law for further information from our Commercial Dispute solicitors in Bristol and London. Alternatively, please complete our contact form

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