Commercial Agents: Case and Statute Citator 2018
The terms of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (as amended) ('the Regulations') implement Council Directive 86/653 [1986] OJ L382/17 ('the Directive'). The Regulations came into force on 1 January 1994 and contain important provisions affecting the relations between commercial agents and their principals. In broad terms, a 'commercial agent' comprises a self-employed intermediary who negotiates or concludes sales or purchases of "goods" on behalf of his principal. The Regulations provide an entitlement to an 'indemnity' or 'compensation' on termination effected by the principal and set out certain duties owed between commercial agents and their principals. They also contain provisions relating to the basis of remuneration of commercial agents, the termination of commercial agencies and the validity of restraint of trade clauses. In other respects, relations between commercial agents and their principals are governed by the common law, equity and, to a more limited extent, other legislation applicable to agents and their principals. For the law relating to agents and their principals generally reference should be made to the standard works such as Bowstead & Reynolds on Agency (21st Ed). This case and statute citator is limited to a consideration of the law peculiar to commercial agents.
This citator reflects the law as at 28 March 2018.
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