Agency Agreement in UK Law

Leading Cases
  • Dole Dried Fruit and Nut Company v Trustin Kerwood Ltd
    • Court of Appeal (Civil Division)
    • 01 Jun 1990

    The whole purpose and intent of the agency agreement was that the parties should enter into contracts for the purchase and sale of the plaintiffs' goods. In those circumstances the claim and the counterclaim are sufficiently closely connected to make it unjust to allow the plaintiffs to claim the price of goods sold and delivered without taking account of the defendants' counterclaim for damages for breach of the agency agreement.

  • Explora Group Plc v Hesco Bastion Ltd and Another
    • Queen's Bench Division
    • 28 Jul 2004

    The nature of the DSCC Contract was that, at the moment the contract took effect, TTF were entitled to commission on all sales under it. In the event the DSCC contract was extended for an overall period of 5 years, expiring on 18 February 2003; and commission was payable on all sales from the moment the DSCC contract was awarded to Hesco.

  • Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd
    • Queen's Bench Division (Commercial Court)
    • 08 Mar 2016

    In his submissions, Mr Thomas QC placed great emphasis on this point, saying that, in the real world, any valuation would take account of the fact that the agency was terminable after twelve months. However, I agree with Mr Segal QC that this is a heterodox approach.

  • Tony Vick v Vogle-gapes Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 30 Jun 2006

    The true position, as it seems to me, in a case in which an agency agreement has been wrongfully terminated without notice, is that the valuation of the amount of the goodwill payable as compensation under Regulation 17(6) includes, so far as appropriate (and it may well be that it is not appropriate to adjust the calculation in any way), the period which would otherwise have been covered by a notice.

  • Software Incubator Ltd v Computer Associates UK Ltd
    • Queen's Bench Division
    • 01 Jul 2016

    Third, as a matter of law, it is said that no account can be taken of the fact that at some point in the future, the Agreement might be terminated either by CA or indeed by the agent-in the latter case, of course, no right to a Regulation 17 award would arise. I accept that one cannot say that any valuer must proceed on the basis that the principal for example will take immediate steps itself to terminate at the first available opportunity here on 3 months notice.

  • Explora Group Plc v Hesco Bastion Ltd and Another
    • Court of Appeal (Civil Division)
    • 20 Jul 2005

    In these circumstances, I feel entitled to deal with issue 8(b) relatively briefly. The judge thought that if the commission in respect of the DSCC contract had not been assignable even in the absence of an express prohibition, then it would have been irrelevant that it had been expressly assigned by TTF to Explora. He rejected Mr Purle's submission that the ineffective assignment would have taken effect as a trust in favour of Explora (para 98).

  • Scheggia v Gradwell
    • Court of Appeal
    • 10 Jul 1963

    So far as any general principle is deducible from the authorities, their effect may, I think, be thus summarised: The question depends on the construction of each particular contract, but prima facie the intention of the parties to a transaction of this type is likely to be that the commission stipulated for should only be payable in the event of an actual sale resulting.

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Legislation
  • Crime and Courts Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing ... and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ......(a) is for financial services (see section 2) or is a regulated agreement within the meaning of the Consumer Credit Act 1974 (see section 189 of ... . . (iv) insurance intermediation, such as brokerage and agency;. . . (v) services auxiliary to insurance, such as consultancy, ......
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ....... (7) In this section— . “EU entity” means an EU institution or any office, body or agency" of the EU; . “government department” means any department of the Government of the United Kingdom; . “the traditional own resources of the EU\xE2"......
  • Commercial Agents (Council Directive) Regulations 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ...... 6 Form and amount of remuneration in absence of agreement . 7 Entitlement to commission on transactions concluded during agency ......
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Books & Journal Articles
  • Comment: Mandatory Compensation to Commercial Agents upon Termination of Agency under Ethiopian Law
    • Núm. 11-2, Julio 2017
    • Mizan Law Review
    • Kamil Abdu Oumer
    • Kamil Abdu Oumer (LLB, LLM), Lecturer of Law at Wollo University School of Law, Dessie, Ethiopia. I thank Dr. Elias Nour for his constructive comments. The author can be reached at: Kamillaw2009@gmail.com
    • 424-439
    The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code i...
    .......org/10.4314/mlr.v11i2.8 Kamil Abdu Oumer  Abstract The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the f ault of the principal; and the Draft Commercial Code is likely to maintain this ......
  • RESTRICTION ON AGENT'S RENEWAL COMMISSION: AN UNREASONABLE RESTRAINT OF TRADE MARSHALL v N.M. FINANCIAL MANAGEMENT LTD.. (HIGH COURT CHANCERY DIVISION) JONATHAN SUMPTION QC SITTING AS DEPUTY HIGH COURT JUDGE
    • Núm. 4-4, Abril 1996
    • Journal of Financial Regulation and Compliance
    • 397-403
    The Plaintiff, a self‐employed sales agent, was engaged on 21st November, 1980 by the Defendant, a financial services company selling life assurance and pension policies. The terms of his engagemen...
    ...... : 'I f a t th e dat e o f terminatio n o f thi s agreement..th e agen t ha s fo r a perio d o f no t les s tha n five year ... fro m hi s principa l afte r th e termina - tio n o f hi s agency . I n th e cours e o f summarisin g th e fact s o f th e particu ......
  • Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?
    • Núm. 76-2, Marzo 2013
    • The Modern Law Review
    Enforcement undertakings have recently been added to the Environment Agency's list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a wri...
    ...... undertakings have recently been added to the Environment Agency’s list of mechanisms available for the enforcement of certain tal offences. An enforcement undertaking is a written agreement between the regulator and the offender in which the offender proposes to ......
  • Legal commentary
    • Núm. 19-3, Julio 2011
    • Journal of Financial Regulation and Compliance
    • 298-306
    Purpose: The purpose of this paper is to discuss the High Court's rejection of claims made against a UK bank by a US‐based customer in relation to foreign exchange dealing it carried out as agent f...
    ......From July 2007 onwards, the so-called BLUSA Agency Agreement operated, which enabled Ms Wachner to trade under her facility ......
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Law Firm Commentaries
  • No Duty Of Good Faith In Non-Exclusive Agency Agreement
    • JD Supra United Kingdom
    In Acer Investment Management Ltd & anr v Mansion Group Ltd [2014] EWHC 3011 (QB) the English High Court was once again asked to address the question whether a particular contract – in this cas...
  • Procuring a breach of contract: industry experience relevant to knowledge of contract
    • JD Supra United Kingdom
    This ruling on the tort of inducing a breach of contract illustrates how industry knowledge can help fix a party with the requisite knowledge of the existence and terms of a contract, breach of whi...
    ......In breach of the agency agreement between the respondent and the agents (the agency agreement), ......
  • For Media Transparency, The Stars Are Starting to Align in the United Kingdom
    • LexBlog United Kingdom
    UK-based media agency, the7stars, recently announced it would adopt the Incorporated Society of British Advertisers’ (ISBA) template agency agreement—an arrangement designed to foster a transparent...
    ...UK-based media agency, the7stars, recently announced it would adopt the Incorporated Society of British Advertisers’ (ISBA) template agency agreement—an arrangement designed to foster a transparent relationship between ......
  • The LMA's Export Finance Buyer Credit Agreement – a move towards standardisation of ECA-backed financings?
    • JD Supra United Kingdom
    In April 2018 the Loan Market Association (LMA) launched a new recommended form of facility agreement for use in export finance buyer credit transactions supported by an export credit agency (ECA):...
    ...... (LMA) launched a new recommended form of facility agreement for use in export finance buyer credit transactions supported by an export credit agency (ECA): the "Export Finance Buyer Credit Agreement" (the Template). This article explains the assumptions behind the Template and its relevance for ......
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