How to spot a commercial agent (and why you need to know how to spot one)

22 January 2020

Commercial agents are special. They enjoy a unique legal position and enjoy a suite of legal rights and protections . A number of the core rights and protections enjoyed by commercial agents are absolute and will endure regardless of what the commercial agent and principal agree. But what does this mean in practice, and how can you identify whether you are, or have retained, a commercial agent to which such rights apply?

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‘Secret’ Commissions

5 April 2019

When does a broker owe fiduciary duties, and when should the amount of commission payments be disclosed? Tom Bolam and Alex Taylor summarise the recent guidance handed down by the Court of Appeal.

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The Commercial Agents Regulations – The Commodity Market Exception

16 January 2019

A commercial agent is a self-employed intermediary with continuing authority to negotiate the sale or purchase of goods on behalf of another person. Commercial agents have special protection in law under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations). Most significantly, the Regulations provide that if a principal terminates a commercial agency, the usual position is that the commercial agent is entitled to compensation.

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Is software a “good”?

29 May 2018

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of intangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such […]

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