The Commercial Agent Regulations – Friend or foe?

09 Sep 2014, 12:00 am

David Lewis and Emily Betts will provide an overview of the Commercial Agent Regulations 1993 with particular emphasis on recent developments in the law, including Rossetti Marketing v Diamond Sofa Company [2012] and Invicta UK v International Brands Limited [2013] (both cases in which David appeared) and provide practical tips and litigation strategies when dealing with commercial agents.

The Regulations have been in force for over 20 years now but the scope of their application is far from settled. The purpose of this seminar is to provide useful guidance on the Regulations, the common defences, the more nuanced arguments and practical hints and tips when advising on cases involving commercial agents.

Specifically this seminar will consider:

  • An overview of the 1993 Regulations and the relevant case law
  • Who is a commercial agent for the purposes of the Regulations (Invicta UK v IBL)
  • Whether an agent can act for multiple (competing) principals (Rossetti Marketing v Diamond Sofa Company)
  • An agent’s authority to negotiate
  • The scope of an agent’s duties, including the duty of good faith
  • Grounds for termination
  • Regulations 16, 17 and 18 – limiting or avoiding compensation