||All England Reporter
|| All ER (D) 18 (Sep)
|| EWHC 1904 (QB)
||Queen's Bench Division
||Jonathan Nash (instructed by Shadbolt & Co LLP) for the claimant.
||William Godwin (instructed by Pannone & Partners) for the defendant.
||2 September 2005
Agent - Commission - Amount payable - Commercial agent - Breach of agency agreement - Agent's entitlement to compensation - Approach to calculating compensation - Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 17.
In calculating compensation due under reg17 of the Commercial Agents (Council Directive) Regulations 1993, , the court in a given case should not be subject to the strait-jacket of one particular test or approach. The relevant approach to be applied when assessing compensation would be largely fact dependent, and judges should be free to identify those matters which were relevant to the circumstances of a particular case. That was not to absolve the judge from the need to make a decision on a principled, logical and just basis: on the contrary, it was to ensure that there was an appropriate and fair result, bearing in mind the particular circumstances of the case. Compensation under the Regulations could not be calculated with a high degree of precision and something of a broad brush approach would, of necessity, be applied.
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