– Legal 500
Ben Griffin is noted for his expertise in commercial agency disputes, and he has "a deep knowledge and understanding of the case law in this field".
Andy Leach is a "sharp and detailed thinker" and "very experienced."
The law relating to commercial agency relationships can be a minefield for agents and principals alike. There are many questions which are not always easy for principals and agents to answer – and it can be very expensive if you get it wrong.
Described by Oliver Segal QC, one of the leading barristers in this area of law, as “one of the leading solicitors’ teams in the field of the Commercial Agents Regulations", we have vast experience of advising companies and individuals working in a wide range of markets on issues including:
DWF’s commercial agency team is highly specialised in advising on and pursuing and defending claims arising out of the Commercial Agents (Council Directive) Regulations 1993. We have extensive experience in:
We act on behalf of both agents and principals and have substantial experience of multi-million pound claims as well as claims involving technical issues such as choice of law and jurisdiction; the applicability of specific regulations; how the Regulations apply in the context of “super-agents” and “sub-agents”; and the calculation of compensation and indemnities.
Examples of our work includes:
This article considers the question of what constitutes "goods" for the purposes of the Commercial Agents (Council) Directive 1993 (the "Regulations"). This is important because agents who promote a principal's goods benefit from the protections of the Regulations (including the right to post-termination payments) and those who promote services are not.
The Court of Appeal has concluded that software supplied electronically and not on any tangible medium did not constitute "goods" within the meaning of the Commercial Agents (Council Directive) Regulations 1993.
As most agents and principals are aware, the Commercial Agents Regulations 1993 provide a great deal of protection, and agents can bring claims of substantial value when the relationship goes wrong. In light of this it is surprising how little effort is put into ensuring that sufficient protection is obtained from a written contract from a principal's perspective seeking to limit payments on termination and from an agent's perspective ensuring the protection provided by the Regulations remains in force.