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Guide to the Commercial Agents' Regulations

By: Fergus Randolph, Jonathan Davey
Media of Guide to the Commercial Agents' Regulations
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Published: 13-01-2003
Format: Paperback
Edition: 2nd
Extent: 272
ISBN: 9781841131566
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £49.00

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About Guide to the Commercial Agents' Regulations

The Directive on self employed commercial agents and the UK Regulations springing from it,have resulted in a large amount of case law since the First Edition of this work was prepared.

As Jonathan Davey and Fergus Randolph predicted in their First Edition, much of this case law is unsatisfactory or self contradictory. They have attempted, in this Second Edition, to draw the consistent threads out of the case law to date and to predict the likely approach of the courts, both at UK and EU level, to those issues which still remain undecided. The approach adopted in the First Edition, of tackling difficult issues head on and suggesting practical answers to practitioners, has been carried through into the Second Edition.

As well as including references to all the relevant cases in the text, the work now includes chapters dealing specifically with the French and German law in this area, given that many judges have shown themselves willing to take into account the approach in other member states in applying the Regulations, and given the uncertainty which has clearly reigned in many of those cases on exactly what French or German law says on the subject concerned.

Finally, there is a checklist of cases to date known to the authors, both published and unpublished. This may be of particular value to practitioners given that many of the cases in this area are unreported County Court decisions.

The book includes detailed comment on the key cases of Tamarind, King v Tunnock and the Court of Justice decision in Ingmar v Eaton Leonard.

Table Of Contents

1. Introduction

2. The European Dimension

3. Development of the Regulations

4. Regulation 1-Commencement and Applicable Law

5. Regulation 2(1)-Commercial Agents

6. Regulations 2(2) to 2(5)-Commercial Agents Outside the Scope of the Regulations

7. Regulations 3,4 and 5-Rights and Obligations of Agent and Principal

8. Regulations 6 to 12-Remuneration of the Agent

9. Regulations 13 to 20-Conclusion and Termination of the Agency Contract

10. Commercial Agency Law in Germany

11. Commercial Agency Law in France

12. Conclusion


1. The Commercial Agents (Council Directive) Regulations 1993

2. Council Directive 86/653

3. 1977 Law Commission Report

4. 1977 House of Lords Select Committee Report

5. Department of Trade and Industry Guidance Notes on the Commercial Agents (Council Directive) Regulations 1993

5a. Department of Trade and Industry: Implementation of the EC Directive on Self-Employed Commercial Agents

6. 1996 Commission Report on the Application of Article 17 of Council Directive 86/653


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