Commercial Agency – A Practical and Legal Guide

This book is written by the leading barrister and one of the leading solicitors in the field of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”). But it is not a book written only for lawyers. The intention is to provide practical analysis and advice to agents, principals and their representatives (non-legal and legal) on the key questions that arise between them – during an agency relationship and following its conclusion.

When do the Regulations apply? What rights and obligations do the parties have during the agency? What sort of (mis-)conduct entitles the other party to terminate for cause? How can an agent or principal vary the terms of the agency without ending it? When is an agent entitled to an indemnity or compensation following termination? How does one calculate the value of that indemnity or compensation?

These are questions that regularly concern agents and principals, to which they and their representatives need clear answers. This book provides those answers.

ABOUT THE AUTHORS

Oliver Segal QC is the leading barrister within the field of commercial agency law.

Ben Griffin is a Legal Director at DWF Law LLP, a global legal business. Ben specialises in complex, high-value, cross-jurisdictional litigation and arbitration, with a particular focus on Russia and the CIS. He has also developed a practice in commercial agency law.

CONTENTS

Chapter 1: Introduction
Chapter 2A: What Is a Commercial Agent? A Practical Guide
Chapter 2B: What Is a Commercial Agent? Legal Guide – Regulation 2
Chapter 3: Applicable Law and Jurisdiction – The Territorial Application of the Regulations – Practical and Legal Guide Regulations 1(2) and 1(3)
Chapter 4A: Rights and Obligations of Agent and Principal During the Agency – Practical Guide
Chapter 4B: Rights and Obligations of Agent and Principal During the Agency – Legal Guide – Regulations 3, 4, 5, 6, 7, 9, 10, 11 and 12
Chapter 5A: Varying the Agency Contract – Practical Guide to the Opportunities and Restrictions on Varying the Terms of the Agency: Commission, Territory, Products, Etc.
Chapter 5B: Varying the Agency Contract – Legal Guide
Chapter 6A: Termination of the Agency – Practical Guide
Chapter 6B: Termination of the Agency – Legal Guide Regulations 15, 16 and 18
Chapter 7A: Payments Following Termination of the Agency – Practical Guide
Chapter 7B: Payments Following Termination of the Agency – Legal Guide – Regulations 8 and 17