Agent and Principal in UK Law

Leading Cases
  • Tigana Ltd v Decoro Ltd
    • Queen's Bench Division
    • 03 February 2003

    It is clear that the "damage" suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement.

  • British Energy Power and Trading Ltd and Others v Credit Suisse and Others
    • Queen's Bench Division (Commercial Court)
    • 19 June 2007

    That is, as was discussed in the course of submissions, to secure and restrict a first-class mechanic as distinct from securing and restricting anyone with a real commercial involvement. In my judgment, the submission really seems to demonstrate the improbability of parties such as these making such an agreement. Moreover there were restrictions on a change of Agent and Security Trustee provided for in the Restated Credit Agreement (clause 19.15) and the Intercreditor Deed (clause 12.11).

  • Mr Kemeh v Ministry of Defence
    • Court of Appeal (Civil Division)
    • 11 February 2014

    Read literally, subsection (2) might suggest that the principal must authorise the act of discrimination itself before liability arises. In my judgment, Parliament must have intended that the principal will be liable wherever the agent discriminates in the course of carrying out the functions he is authorised to do. It is a moot point whether the common law would in any event impose liability in these circumstances.

    If that analysis is right and the principal can be liable even though he has not authorised the act of discrimination itself, it follows that the act itself may be — and no doubt usually will be — without the principal's knowledge or approval. It is perhaps surprising that the draftsman did not make this plain in sub-section (2) as he did in subsection (1).

  • Barrington v Lee
    • Court of Appeal (Civil Division)
    • 27 October 1971

    When the purchaser pays a deposit to an estate agent, in the course of negotiations before any contract is concluded, there is clearly an implied promise by someone to it repay it if the negotiations break down. When the negotiations break down, he must return it to the purchaser. The purchaser can sue the estate agent for money had and received which is based on an imputed promise to repay.

  • AMB Generall Holding AG v Manches and Others
    • Queen's Bench Division (Commercial Court)
    • 20 January 2005

    It was also common ground that, as a general rule, the putative agent cannot clothe himself with ostensible authority. SEB accepted that it does not rely on any of the exceptions to that rule. SEB, however, relies on the rule that an agent whose actual authority has been revoked will continue to have ostensible authority as regards a third party who has previously dealt with him and who has not had notice of the revocation.

  • Magellan Spirit Aps v Vitol Sa "magellan Spirit"
    • Queen's Bench Division (Commercial Court)
    • 04 March 2016

    It is necessary to identify conduct which was only consistent with such an agreement or mutual intention and inconsistent with any other intended relationship between the two Vitol Group companies. Put another way, it must be fatal to the implication of an agency relationship if the parties would have or might have acted as they did in the absence of such a relationship: see, by analogy, cases such as The "Aramis" [1989] 1 Lloyd's Rep 213 and The "Gudermes" [1993] 1 Lloyd's Rep 311.

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Legislation
  • Commercial Agents (Council Directive) Regulations 1993
    • UK Non-devolved
    • January 01, 1993
    ...... 2 Interpretation, application and extent . PART II . Rights and Obligations . 3 Duties of a commercial agent to his principal . 4 Duties of a principal to his commercial agent . 5 Prohibition on derogation from regulations 3 and 4 and consequence of breach . PART III . ......
  • Prevention of Corruption Act 1906
    • UK Non-devolved
    • January 01, 1906
    ......S-1. Punishment of corrupt transactions with agents.1 Punishment of corrupt transactions with agents. (1) If any agent ...forborne to do, any act in relation to his principal's. affairs or business, or for showing or forbearing to show. favour or ......
  • Finance Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... by subsections (2) and (3) have effect in relation to films the principal photography of which is not completed before such day as the Treasury may ... S-106 . VAT: supply of services through agents 106 VAT: supply of services through agents . (1) Section 47 of VATA ......
  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • January 01, 1999
    ......for the benefit of the promisee's ‘agents or servants or. subcontractors’ to be enforceable by these groups. . ... by a person (‘the agent’) to do work for another (‘the principal’) under a contract or other arrangements made between the agent and the ......
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Books & Journal Articles
  • Principal-Agent Modelling and Learning
    • Nbr. 22-4, October 2007
    • Public Policy and Administration
    Principal-agent modelling has become a very influential way of thinking about bureaucratic politics in a wide range of settings. Simple agency models have recently been extended and bureaucratic re...
  • Principal Agent Theory and Artificial Information Asymmetry
    • Nbr. 29-2, June 2009
    • Politics
    This article evaluates the potential for the concept of ‘artificial information asymmetry’ to be used in political studies which focus on principal agent theory. We present real-world examples and ...
  • Public Policy in a Principal-Agent Framework
    • Nbr. 2-3, July 1990
    • Journal of Theoretical Politics
    The principal-agent framework is a rapidly developing approach to the analysis of contractual relationships within the private sector. We argue that it should be a promising approach to the analysi...
  • Agent Of A Foreign Principal
    • Nbr. 23-6, November 1960
    • The Modern Law Review
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Forms
  • Chapter MLR3C17050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... requirements as they apply to Money Service Businesses in an Agent/Principal relationship was confirmed in the Tribunal decision in the case ......
  • Chapter STSM133010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the dealing capacity of the organisation (for example, agent, principal, broker dealer) (see STSM133040). the transaction type code ......
  • Chapter CISR15170
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . .  .  . . .  . When a managing agent is acting for a principal or ‘client’ in letting contracts that ......
  • Chapter MLR3C10165
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... must have either registered themselves, or where they act as an agent of a principal be included as part of their principal’s registration. ......
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